Judge: Colin Leis, Case: 20STCV33116, Date: 2025-06-05 Tentative Ruling
Case Number: 20STCV33116 Hearing Date: June 5, 2025 Dept: 74
Jeong v.
A-Ju Tours, Inc. et al.
Defendant A-Ju Tours, Inc.; Mutual
Trans, Inc.; Daniel Pyoung Bahk; Helen Young Bahk; Henry H. Bahk; Hanmi Bahk’s
Petition to Confirm Arbitration Award
BACKGROUND
This
petition arises from an employment dispute.
Plaintiff
Joshua Jeong filed a complaint against his employers A-Ju Tours, Inc.; Mutual
Trans, Inc.; Daniel Pyong Bahk; Helen Young Bahk; Henry H. Bahk; and Hanmi Bahk
(collectively Defendants).
Parties
stipulated to arbitration on October 16, 2021.
On July 29, 2024, the Arbitrator issued an award. Defendants now move to confirm the
arbitration award.
LEGAL STANDARD
A petition to vacate or
correct an arbitration award must be filed within 100 days after the award is
severed. (Code Civ. Proc. § 1288.) If a timely petition is not filed, the Court
shall confirm the arbitration award.
(Code Civ. Proc. § 1286.)
Unless a petition or
response seeking to correct or vacate an arbitration award was filed properly
based upon valid grounds, or the proceeding is dismissed, courts are required
to enter judgment in conformity with the award. (Valsan
Partners Ltd. Partnership v. Calcor Space Facility (1994) 25 Cal.App.4th
809, 818.)
DISCUSSION
Here,
the final Arbitration Award was issued on July 29, 2024. (See Petition to Confirm Arbitration Award,
Attachment 8(c).) The award was served
on the same day. (See Petition to Confirm Arbitration Award,
Attachment 8(c).) A petition to vacate
or correct the Arbitration Award would have been due by November 06, 2024. No petition was filed. Defendants filed a
Petition to Confirm Arbitration Award on March 17, 2025.
Therefore,
Defendants are entitled to confirm the Arbitration Award and entry of judgment
in conformity with the Award.
Plaintiff
has not opposed the petition.
CONCLUSION
The
Court grants Defendants’ Petition to Confirm the Arbitration Award.
Defendants
to give notice.