Judge: Cherol J. Nellon, Case: 21STCV23445, Date: 2024-08-29 Tentative Ruling

Case Number: 21STCV23445    Hearing Date: August 29, 2024    Dept: 14

#12

Case Background

This is an action for violations of the FEHA. Plaintiff alleges that while she was employed as an executive assistant, she suffered discrimination after taking leave to care for her daughter who had a serious medical condition or disability.

On June 23, 2021, Plaintiff Tara Terry filed her Complaint against Defendant Southern California Gas Company.

On October 18, 2021, the Court granted the parties’ stipulation to stay this action pending arbitration.

On July 24, 2024, Defendant filed this petition to confirm the arbitration award.

Instant Pleading

Defendant petitions to confirm the arbitration award.

Decision

Defendant’s 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, Exh. B.) The petition includes a copy of the arbitration award and the arbitrator’s written opinion. (Petition, Exh. A.) The award states the arbitrator’s name is Hon. Melinda A. Johnson, Ret. (Id.) The petition was served on Plaintiff via mail. 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.

Conclusion

Defendant’s petition is GRANTED.