Judge: David B. Gelfound, Case: 24CHCP00361, Date: 2025-01-30 Tentative Ruling

Case Number: 24CHCP00361    Hearing Date: January 30, 2025    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

PETITION FOR ORDER CONFIRMING ARBITRATION AWARD

Motion filed: 9/10/24

MOVING PARTY: Petitioner Bill Me Later, Inc.

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: An order from this Court (1) confirming the arbitration award in favor of Petitioner titled Award of Arbitrator and dated June 16, 2024, and (2) awarding Petitioner interest on the amount of the award at the legal rate from July 16, 2024, and Petitioner’s costs in this proceeding. Petitioner further requests entry of judgment against Beast Cookie Company, LLC.

TENTATIVE RULING: The motion is GRANTED.

BACKGROUND

This action was filed by Petitioner Bill Me Later, Inc. (“BMLI” or “Petitioner”), as serving agent for WebBank (“WebBank”), on September 10, 2024, for the sole purpose of obtaining judicial confirmation of an arbitration award in Petitioner’s favor. On September 6, 2023, WebBank entered into a written Business Loan Agreement (“Agreement”) with Respondent Beast Cookie Company (“Beast Cookie” or “Respondent”). Pursuant to the Agreement, WebBank provided a loan to Respondent and Respondent agreed to make payments under the loan pursuant to the terms and conditions of the Agreement. (Pet. Confirm Arb. Award at Attach. 4(b).) Subsequently, Respondent defaulted on the loan. In accordance with an arbitration provision contained in the Agreement, an arbitration proceeding took place. On June 16, 2024, the arbitrator entered an Award of Arbitrator (the “Award”) for $108,993.19 in American Arbitration Association Case No. 01-24-000-6794. (Id. Attach. 8(c).) The Award consists of $99,843.19 for the principal under the Agreement, $5,750.00 for attorneys’ fees, and $3,400.00 for costs and arbitration fees. (Ibid.)

On September 10, 2024, Petitioner filed the instant Petition for Order Confirming Arbitration Award (the “Petition”).

No Opposition or Reply papers have been received by the Court.

ANALYSIS

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc., § 1285.) Such a petition must set forth the substance, or attach copies of: the arbitration agreement, award, and any written opinion. (Id., § 1285.4.) It must be served between 10 days and 4 years from the date the award was served on the petitioner. (Id., §§ 1288 & 1288.4.) The other party may respond to the petition. (Id., § 1285.2.)

“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.)

The court may not vacate or correct an award unless a petition or response requesting that the award be vacated or corrected has been duly served and filed. (Code Civ. Proc., §§ 1286.4 & 1286.8.)

“If an award is confirmed, judgment shall be entered in conformity therewith.” (Code Civ. Proc., § 1287.4.)

A.    Petition to Confirm Arbitration Award

Here, Petitioner correctly attached copies of the Agreement with the provision to arbitrate and the Award. The Award was made on June 16, 2024, and served upon Respondent on July 1, 2024. (Pet. Confirm Arb. Award at Attach. 9(b).) The Petitioner, filed on September 10, 2024, was therefore timely filed and served between 10 days after but within 4 years from July 1, 2024.

Additionally, Petitioner requests prejudgment interest, calculated at the statute rate of 10% per year, accruing from July 16, 2024. As noted by the court in Pierotti v. Torian (2000) 81 Cal.App.4th 17:

“In Britz, Inc. v. Alfa–Laval Food & Dairy Co. (1995) 34 Cal.App.4th 1085, 40 Cal.Rptr.2d 700 (Britz), the court held that a successful party to arbitration is entitled to post-award, pre-judgment interest under Civil Code section 3287, subdivision (a). The Britz court held that a successful party to an arbitration is entitled to “recover damages certain” within the meaning of section 3287, subdivision (a) on the date the arbitrator renders his award. (Id. at p. 1106, 40 Cal.Rptr.2d 700.) The court noted that “[t]he arbitration award itself result[s] in a new and fixed liability [citation]. Regardless of the individual elements that comprised that liability, respondents were entitled to payment of the fixed sum upon issuance of the award. [¶].... Although the interest was pre-‘judicial judgment,’ it was post-‘contractual judgment.’ Any result that denied respondents this post-award interest would punish them for using arbitration instead of the court system to resolve their dispute with appellants.” (Id. at p. 1107, 40 Cal.Rptr.2d 700.)

Britz controls this case. The court erred when it failed to award post-award, pre-judgment interest under Civil Code section 3287, subdivision (a).”

(Pierotti v. Torian, supra, 81 Cal.App.4th at p. 27.)

Here, Petitioner was awarded $108,993.19 on June 16, 2024. Interest at a rate of 10% per year yields a rate of $29.86 per day, accruing from July 16, 2024 (30 days after the date of the Award).

To obtain costs, Petitioner must “serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment.” (Cal. Rules of Court, Rule 3.1700(a)(1).)   

No responses have been filed to this Petition.

Accordingly, the Court must confirm the award and enter the judgment in conformity therewith.

Based on the above, the Court GRANTS the Petition.

CONCLUSION

Petitioner Bill Me Later, Inc.’s Petition for Order Confirming Arbitration Award is GRANTED.

Petitioner to give notice.