Judge: David A. Hoffer, Case: 30-2022-01243790, Date: 2023-05-22 Tentative Ruling

Plaintiff Pasha Mirhadi’s (“Plaintiff”) Petition to Confirm the Arbitration Award (“Petition”) is GRANTED.

Petitioner has provided a copy of the final arbitration award (“Award”) that was entered by Hon. Stephen J. Sundvold (Ret.) (“Arbitrator”).  The Award considered all issues between the parties except for the motion to expunge a lis pendens and related attorney fee motion which the parties (and Arbitrator) specifically carved out from the arbitration.

The Award states there is no prevailing party in this action and that neither party is entitled to attorney fees and costs. 

The issue of the lis pendens fees/costs was expressly excluded by the Arbitrator and was previously stayed by this court pending the outcome of the arbitration.  (ROA #102.)  As to the Award itself, defendants Christopher A. Cole, individually and as trustee of the Cole Family Trust, and Joan L. McGarry, individually and as trustee of the Cole Family Trust (“Defendants” together), requested the court confirm the Award -- yet also requested the court enter an order determining Defendants are the prevailing party in this action and to award Defendants their costs of the suit.  The latter two requests are improper as they are counter to the explicit ruling of the Arbitrator, who determined neither side prevailed or could recover fees/costs.  The court declines to change the Award.

Plaintiff’s Petition is granted and the Award as issued by the Arbitrator is confirmed pursuant to Civ. Proc. Code § 1286.

The court will schedule the pending Motion for Attorney Fees on the Lis Pendens for 7/24/23.  No later than 7/10/23 each party may file a brief of no more than 4-pages on the limited subject of the effect of the Award on the motion. 

Plaintiff is ordered to provide a proposed order confirming the arbitration award and to give notice of this ruling.