Judge: Deirdre Hill, Case: 22TRCP00054, Date: 2022-08-31 Tentative Ruling
ALERT
Due to Coronavirus, please consider appearing by phone for Department M cases.
Department M strongly encourages the use of LA CourtConnect* for ALL hearings, without need for prior approval, unless live testimony by a witness is required.
The contact information for LA CourtConnect* is:
https://lacourt.portalscloud.com/VCourt/
*Parties with a fee waiver on file may be eligible to appear at no/reduced cost
Dept. M issues tentative rulings in many, but not all motion hearings. There is no set time at which tentatives are posted. Please do not call the staff to inquire if a tentative will be posted.
If parties are satisfied with the ruling, parties may submit on the tentative. However, if an opposing party does not submit, they will be permitted to argue. Please check with the other side before calling the courtroom to submit. The staff does not keep track of which parties submitted and which did not, so please do not ask.
If a matter is also a scheduling hearing (CMC, TSC, OSC etc) an appearance is still required even if a party submits on the tentative ruling.
Case Number: 22TRCP00054 Hearing Date: August 31, 2022 Dept: M
|
Superior Court
of Southwest
District Torrance Dept. M |
|||
|
FORWARD
FINANCING, LLC, |
Petitioner, |
Case No.: |
22TRCP00054 |
|
vs. |
|
[Tentative]
RULING |
|
|
JACKSON
JADE & ASSOCIATES, et al., |
Respondents. |
|
|
|
|
|
|
|
Hearing Date: August 31, 2022
Moving Parties: Petitioner Forward
Financing, LLC
Responding
Party: None
Petition to Confirm Contractual
Arbitration Award
The court considered the petition. No opposition was filed.
RULING
The petition is GRANTED. The award is confirmed, and judgment is
entered in conformity therewith.
BACKGROUND
On February 14, 2022, plaintiff
Forward Financing, LLC filed a petition to confirm arbitration award against Jackson
Jade & Associates and Kerri Renee Firby.
LEGAL AUTHORITY
Under CCP §1285, 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.
Under CCP §1285.4, 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 names of the arbitrators.
(c) Set forth or have attached a
copy of the award and the written opinion of the arbitrators, if any.
Under CCP §1286, 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 proceedings.
DISCUSSION
Petitioner Forward Financing, LLC requests
that the court confirm the arbitrator’s award against Jackson Jade &
Associates, A Speech Pathology Corporation d/b/a Jackson Jade & Associates,
A Speech Pathology and Kerri Renee Firby.
Petitioner has met the procedural
requirements of CCP §1285.4. Petitioner attached
the arbitration agreement (Future Receipts Sale Agreement) and Award of Arbitrator. The arbitration was conducted on October 22,
2021 in Massachusetts. The arbitrator
was William H. Black, Jr. The arbitrator
awarded petitioner $140,904.65 in total.
There is no opposition. Because petitioner has met its burden under
CCP §1285.4 and respondents have provided no ground for vacating the award
under CCP §1286.2 or correcting the award under CCP §1286.6, the motion is
GRANTED. “If an award is confirmed,
judgment shall be entered in conformity therewith. . . .”
Moving party is ordered to give
notice of the ruling.