Judge: Cherol J. Nellon, Case: 24STCV05807, Date: 2025-06-11 Tentative Ruling

Case Number: 24STCV05807    Hearing Date: June 11, 2025    Dept: 14

#11

Case Background

This is a breach of contract case based on a loan. Plaintiff Preferred Bank provided two separate credit agreements to defendant Sigue Corporation. Sigue defaulted on these loans, and Plaintiff brought suit against both Sigue and multiple guarantors of the loan (Defendants).

On January 2, 2025, a panel of arbitrators, Donald S. Black, Dana Welch, and Barry Freeman, rendered an arbitration award in favor of Plaintiff as to all claims asserted. Defendants were held jointly and severally liable. Additionally, the panel granted an injunction preventing the Guillermo Tomas De La Viña Trust, a defendant, from selling a specific property in Miami.

On March 7, 2024, Plaintiff filed their Complaint.

On July 1, 2024, the parties jointly stipulated to stay legal proceedings pending arbitration.

On January 2, 2025, a one-day arbitration hearing was held.

On May 16, 2025, all parties filed this joint stipulated Petition to Confirm Arbitration Award.

Instant Pleading

All parties move this court, per CCP § 1285, et seq., for an order confirming the arbitration award issued by the arbitration panel. The parties request the Court issue this order without a hearing.

Decision

The Court GRANTS the Petition to Confirm Arbitration Award.

Legal Standard

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.) The court shall confirm the award as made unless it is corrected or vacated. (Code Civ. Proc., section 1286.) If the award is confirmed, judgment is entered in conformity with it. (Id., section 1287.4.)      

Discussion

Filing Requirements

Code of Civil Procedure, § 1285.4 states: 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.

Petitioner has met all these requirements. Petitioner provided a copy of the arbitration agreement. (Doolittle Decl. Exs. A.1-A.4 and D.1-D.3.) The petition sets forth the names of the arbitrators. (Petition p. 1:5-6.) Additionally, a copy of both the written opinion as well as a later modification to this agreement are attached to both the Declaration of Mr. Doolittle, as well as the Proposed Order (Doolittle Decl. Exs. J and K; Proposed Order, Exs. A and B.) Thus, these filing requirements have been met.

Service of the Arbitration Award & Timeliness of Petition

Code of Civil Procedure § 1283.6 provides that: “The neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement.”  In addition, a party may seek a court judgment confirming an arbitration award by filing and serving a petition no more than four years, but not less than 10 days, after the award is served.  (Code Civ. Proc.  §§ 1288, 1288.4.)

The petition does not indicate that the arbitration panel served a signed copy of the award onto each party. However, the parties have jointly filed and stipulated to the Arbitration Award. So, this requirement has been met.

Service of the Petition, and Notice of Hearing (Code Civ. Proc., §1290.4) 

Code of Civil Procedure § 1290.4, the statute governing proper service of this Petition states, in pertinent part: 

(a)   A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.

In this case, the parties have submitted a joint notice of the hearing. (Joint Notice Re: Petition.) Additionally, Plaintiff submitted proof of service as to all relevant documents. (Proof of Service.)

Summary

Having met the requirements of Code Civ. Proc., sections 1285 and 1285.4, the petition is granted. 

Conclusion

The petition to confirm arbitration award is GRANTED.