Department 58

Hearing Date: January 5, 2024

Case Name: Meyer, Olson, Lowy & Meyers, LLP v. Simone

Case No.: 22STCP04023

Matter: Motion to Confirm Arbitration Award

Moving Party: Petitioner Meyer, Olson, Lowy & Meyers, LLP

Responding Party: Unopposed

Tentative Ruling: The Motion to Confirm Arbitration Award is granted.

This case arises from an arbitration of an attorney fee dispute. On August 15, 2023, the arbitrator rendered an arbitration award in favor of Petitioner Meyer, Olson, Lowy & Meyers, LLP in the amount of $33,754.41.

On August 28, 2023, Petitioner filed a Motion to Confirm Arbitration Award. No opposition was filed.

Timeliness

No petition may be served and filed until at least 10 days after service of the signed copy of the award upon petitioner. (Code Civ. Proc., § 1288.4.) “Section 1288.4 protects this arbitral jurisdiction; it bars parties from filing petitions in superior court to vacate or confirm an award “until at least 10 days after service of the signed copy of the award on the petitioner.” These provisions ensure that an arbitrator retains jurisdiction to modify an award for at least 10 and as many as 30 days after its filing and service.” (Heimlich v. Shivji (2019) 7 Cal.5th 350, 363.)

Here, there is no evidence as to when the Arbitration Award was served on Petitioner. The only evidence shows that the Arbitration Award was filed with the Court on August 22, 2023. Thus, the Court cannot determine compliance with Section 1288.4.

Nonetheless, in the absence of any opposition, there appears to be no prejudice to any party from the possible failure of Petitioner to comply strictly with the statute.

Compliance under Code of Civil Procedure section 1285.4

Petitioner seeks to confirm the arbitration award issued by Arbitrator Aviva K. Bobb.

The Petition complies with Code Civil Procedure section 1285.4. Petitioner attaches a copy of the agreement to arbitrate. (Mot., Ex. A.)

The other requirements under Code of Civil Procedure section 1285.4 are met. That is, the award provides the name of the arbitrator, Aviva K. Bobb, and a copy of the award is attached to the motion. (Mot., Ex. B; Code Civ. Proc., § 1285.4, subds. (b)-(c).)

Accordingly, the motion is granted.