Judge: Colin Leis, Case: 24STCP01939, Date: 2024-09-24 Tentative Ruling

Case Number: 24STCP01939    Hearing Date: September 24, 2024    Dept: 74

Mullarney v. Brux Brothers 

Petitioner’s Motion to Confirm Arbitration Award and Entry of Judgment.

BACKGROUND¿ 

Respondent Brux Brothers (“Respondent”) filed the initial arbitration demand against Petitioner Kelly Mullarney (“Petitioner”) on April 4, 2019. (Mem. of Points and Authorities, p. 1.) On December 6, 2023, the arbitrator granted Petitioner’s dispositive motion. (Mem. of Points and Authorities, p. 1.) On February 12, 2024, Arbitrator Hon. Randa Trapp granted Petitioner’s Motion for Summary Disposition and submitted a final award of $294,190 and $27,726 for costs of arbitration. (Declaration of John Freed in Support of Notice of Respondent’s Non-Opposition, ¶ 4, Exhibit B, pp. 21–22.)

 Petitioner Kelly Mullarney filed a petition to confirm the arbitration on June 14, 2024. Petitioner served notice on Respondent on June 28, 2024. (Declaration of John Freed in Support of Notice of Respondent’s Non-Opposition, ¶ 2, Exhibit A.) No opposition to the petition has been filed. (Declaration of John Freed in Support of Notice of Respondent’s Non-Opposition, ¶ 3.)

LEGAL STANDARD 

¿¿             “Any 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.” (Code Civ. Proc., § 1285.) “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.” (Code Civ. Proc., § 1285.4.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made…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.) Any response to the petition is required to be filed and served within 10 days after service of the petition. (Code Civ. Proc., § 1290.6.)  

DISCUSSION¿  

 The court finds that Petitioner has established that the procedural requirements have been met. There being no response, the court finds that the arbitration award is proper to confirm. “If [an] award is confirmed, judgment must be entered in conformity therewith.” (Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.)

Petitioner seeks prejudgment interest in addition to the total final award of $321,916. The prevailing party in an arbitration proceeding is entitled to statutory prejudgment interest on the award from the date the final award is issued to the date judgment is entered. (Pierotti v. Torian (2000) 81 Cal. App. 4th 17, 27; see also Civ. Code, § 3287, subd., (a) [“A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recovered interest thereon from that day.”].) “If a contract entered into after January 1, 1986, does not stipulate a legal rate of interest, the obligation shall bear interest at a rate of 10 percent per annum after a breach.” (Civ. Code, § 3289, subd. (b).)

Petitioner also seeks attorney’s fees of $10,980 incurred in bringing this motion.

The court orders the award confirmed, and judgment is entered in favor of Petitioner in the amount of $321,916 plus $19,836.79, the interest accrued from February 12, 2024, to today’s date, September 24, 2024, at a rate of 10 percent per annum. The court also grants Petitioner’s request for attorney’s fees in the amount of $10,980.

CONCLUSION¿ 

The court grants Petitioner’s motion to confirm arbitration award and entry of judgment in the amount of $352,732.79.