Judge Christian R. Gullon, Case Number: 21PSCV00789, Date: 2023-08-09 Tentative Ruling

Judge: Christian R. Gullon, Case: 21PSCV00789, Date: 2023-08-09 Tentative Ruling

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The Tentative Ruling is not an invitation, nor an opportunity, to file any further documents relative to the hearing in question. No such filing will be considered by the Court in the absence of permission first obtained following ex-parte application therefore.

Plaintiff’s Petition to Confirm the Contractual Arbitration Award is GRANTED.

This is an employment discrimination case wherein Plaintiff Blythe Curry alleges that Defendant wrongfully terminated Plaintiff based on his disability and/or for requesting/taking sick leave.

On June 30, 2023, Plaintiff filed the instant Petition to Confirm the Contractual Arbitration Award.

Any party to an arbitration in which an award has been made may petition the court for confirmation of the award. (Code Civ. Proc., § 1285.) 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., § 1286.) The contents of a petition to confirm an arbitration award shall set forth the substance of or have attached a copy of the agreement to arbitrate, the names of the arbitrators, and shall set forth or have attached a copy of the award and the written opinion of the arbitrators. (Code Civ. Proc., § 1285.4.) Where the petition is served but no response is served and filed, the allegations in the petition are deemed admitted. (CCP § 1290; Taheri Law Group, A.P.C. v. Sorokurs (2009) 176 Cal.App.4th 956, 962.)

Every presumption is in favor of the arbitration award. (See Firestone Tire & Rubber Co. v. United Rubber Workers of America (1959) 168 Cal.App.2d 444, 449, emphasis added.) CCP section 1286.2 provides that “the court shall vacate the award if the court determines any of the following: (1) [t]he award was procured by corruption, fraud or other undue means.” (CCP § 1286.2(a).) The defendant moving for vacation of an arbitration award due to corruption, fraud, or other undue means must demonstrate a nexus between the award and the alleged undue means used to attain it. (See Pour Le Bebe, Inc. v. Guess? Inc. (2003) 112 Cal.App.4th 810, 833-34.) An objection to the granting of a motion to confirm an award is equivalent to a motion to vacate. (See Thriftimart, Inc. v. Superior Court (1962) 202 Cal.App.2d 421, 425-26.)

A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award. (Code Civ. Proc., § 1288.) No petition may be served and filed until at least 10 days after service of the signed copy of the award on the petitioner. (Code Civ. Proc., § 1288.4.)[1]

Plaintiff’s Petition provides the following: On March 10, 2023, the parties met with Arbitrator Michael H. Leb. The Terms of the award are as follows: the Defendant/respondent is to pay Plaintiff/petitioner $429,259.84 (including $58,132.50 in attorney fees; $17,400.00 for lost wages; $17.400.00 for emotional distress; $250,000.00 in punitive damages; and $85,520.88 in interest). (See Petition, Attachment 8(c), p. 9 of 25 of PDF [Arbitrator’s Final Award].)

Here, as the requirements of the petition have been and there is no opposition, the court confirms the award.

[1] The petition is timely.

[2] A proposed judgment has been filed.