Judge: Cherol J. Nellon, Case: 22STCV01730, Date: 2025-04-02 Tentative Ruling

Case Number: 22STCV01730    Hearing Date: April 2, 2025    Dept: 14

#9

Case Background

This is an action for violations of the FEHA, wrongful termination, and violation of public policy. Plaintiff alleges she suffered discrimination after she requested accommodations for her disability.

On January 14, 2022, Plaintiff Essie Phillips filed her Complaint against Defendant Platinum Security, Inc.

On June 30, 2022, the parties stipulated to arbitration and the matter was stayed.

On February 5, 2025, Defendant filed a petition to confirm arbitration award.

Instant Pleading

Defendant moves to confirm 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’ dispute resolution agreement. (Petition, Exhs. A, B.) The petition includes a copy of the arbitration award and the arbitrator’s written opinion. (Petition, Exh. C.) The award states the arbitrator’s name is Hon. Rita J. Miller, Ret. (Id.) The petition was served on Plaintiff via mail and email. 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.