Judge: Cherol J. Nellon, Case: 21STCV37866, Date: 2025-05-15 Tentative Ruling
Case Number: 21STCV37866 Hearing Date: May 15, 2025 Dept: 14
#10
Case Background
This is an action for breach of contract and fraud.
Plaintiffs allege that they agreed to purchase property from Defendant. After
executing the agreement, Defendant prevented Plaintiff from completing a
property inspection and attempted to permit an easement through the property
which breached the agreement.
On October 13, 2021, Plaintiffs HSK Properties, LLC
(HSK) and CMH III, LLC filed their Complaint against Defendant Abram Zukor, as
Trustee of the Eugene Louis Trope Inter Vivos Trust.
Instant Pleading
Defendant moves to confirm an arbitration award.
Decision
Defendant’s motion to confirm arbitration award 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’ agreement
to arbitrate. (Petition, pdf p. 23.) The petition includes a copy of the
arbitration award and the arbitrator’s written opinion. (Id., p.30.) The
award states the arbitrator’s name is Judge Rex Heeseman (Ret.). (Id.)
The petition was served on Plaintiff via 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.
Conclusion
Defendant’s motion to confirm arbitration award is
GRANTED.