Judge: Cherol J. Nellon, Case: 19STCV46273, Date: 2024-07-10 Tentative Ruling

Case Number: 19STCV46273    Hearing Date: July 10, 2024    Dept: 14

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Case Background

This is an action for violations of the FEHA, violations of the Labor Code, wrongful termination, intentional infliction of emotional distress, and negligent infliction of emotional distress. Plaintiff alleges that in 2019, while working as an assistant manager at Ralphs, he was injured while confronting a thief. Plaintiff claims that he was wrongfully terminated after he required medical leave to recover from his injuries and required accommodation upon his return to work.

On December 26, 2019, Plaintiff filed his Complaint against Ralphs Grocery Company (Ralphs) and The Kroger Co., Inc. (Kroger).

On November 17, 2020, the Court granted Defendants’ motion to compel arbitration.

On June 10, 2024, Defendants filed this petition to confirm arbitration award.

Instant Pleading

Defendants move this court, per Code of Civil Procedure §§1285, et seq., for an order confirming the arbitration award issued by JAMS, which found in favor of Defendants and that each side shall bear their own costs and attorney’s fees.

Decision

Defendants’ Petition is GRANTED.

Discussion

Code of Civil Procedure, section 1285 states that “[a]ny party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” Upon service and filing of a petition to confirm arbitration award, the court shall confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (Id., section 1286.) Where the petition is served but no response is served and filed, the allegations in the petition are deemed admitted.  (Code Civ. Proc., section 1290; Taheri Law Group, A.P.C. v. Sorokurs (2009) 176 Cal.App.4th 956, 962.)    

Code Civ. Proc., section 1285.4 adds that:

A petition under this chapter shall:

(a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement.

(b) Set forth the names of the arbitrators.

(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.

Here, the petition includes a copy of the parties’ dispute resolution agreement. (Petition, Attachment 4(b).) The petition includes a copy of the arbitration award and the arbitrator’s written opinion. (Petition, Attachment 8(c).) The award states the arbitrator’s name is Judge David H. Brickner (Ret.). (Id.) The petition was served on Plaintiff via mail and electronic transmission. Because Plaintiff does not oppose the petition, the allegations in the petition are deemed admitted. Having met the requirements of Code Civ. Proc., sections 1285 and 1285.4, the petition is granted.