Judge: Christopher K. Lui, Case: BC717229, Date: 2023-04-19 Tentative Ruling

Case Number: BC717229    Hearing Date: April 19, 2023    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the petition addressed herein.  As required by Rule 3.1308(a)(2), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.  Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.  If notice of intention to appear is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling.

            Plaintiff alleges that he was terminated on the basis of his physical disability and need for accommodation.

The parties arbitrated the underlying dispute regarding breach of three promissory notes.

            Plaintiff Julian Shore moves for confirmation of the contractual arbitration award.

TENTATIVE RULING

Plaintiff Julian Shore’s petition to confirm arbitration award is GRANTED.  Plaintiff shall lodge a proposed form of judgment within 10 days of this order.

ANALYSIS

Petition To Confirm Arbitration Award

Any party to an arbitration award may petition the court to confirm, correct, or vacate the award. (Code Civ. Proc., § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (Code Civ. Proc., § 1286 [bold emphasis added].) A petition to confirm a binding arbitration shall name as respondents all parties to the arbitration and may name any other parties to be bound by the award. (Code Civ. Proc., § 1285.) The petition shall (1) set forth the substance of or have attached a copy of the agreement to arbitrate unless petitioner denies the existence of such an agreement; (2) set forth the name(s) of the arbitrator(s); and (3) set forth or have attached a copy of the award and written opinion of the arbitrator. (Code Civ. Proc., § 1285.4(a)-(c).) 

The petition to confirm must be served and filed no later than four years after the date of service of a signed copy of the award on the petitioner (Code Civ. Proc., § 1288) but may not be served and filed until at least 10 days after service of the signed copy of the award upon the petitioner. (Code Civ. Proc., § 1288.4.)

Cal. Civ. Proc, § 1290.4 governs the method of service of the petition to confirm arbitration as follows:

(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.

(b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision:

(1) Service within this State shall be made in the manner provided by law for the service of summons in an action.

. . .

(c) If the arbitration agreement does not provide the manner in which such service shall be made and the person on whom service is to be made has previously appeared in the proceeding or has previously been served in accordance with subdivision (b) of this section, service shall be made in the manner provided in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of this code.

     (Code Civ. Proc., § 1290.4 [bold emphasis added].)

Here, notice was waived as reflected in the March 3, 2023 minute order.

The Arbitration Award is dated February 10, 2023 (Petition, Attachment  8(c).) The Award was served upon the parties by mail on February 13, 2023. The instant petition was served on March 1, 2023. The motion was timely served. (Code Civ. Proc., § 1288, 1288.4.)

All parties to the arbitration were named as Respondents in the Petition. (Code Civ. Proc., § 1285.) A copy of the arbitration agreement is attached to the Petition as Attachment 4(b). The name of the arbitrator, Hon. Richard Stone (Ret.), is set forth at ¶ 6 of the Petition. (Code Civ. Proc., § 1285.4(b).) A copy of the award and written opinion is attached to the Petition as Attachment 8 (Code Civ. Proc., § 1285.4(c).) The terms of the Award are set forth at Page 24 therein. The Arbitrator found in favor of Claimant and awarded him $45,000 in damages, $331,687.50 in attorney’s fees, and $16,113.27 in costs, for a total award of $393,218.77.

All the requirements for confirmation of the arbitration award have been satisfied. 

Respondents did not file any opposition.

           Accordingly, the petition to confirm arbitration award is GRANTED.