Judge: Deirdre Hill, Case: 22TRCV01054, Date: 2023-01-24 Tentative Ruling

Case Number: 22TRCV01054    Hearing Date: January 24, 2023    Dept: M

Hearing Date:                         January 25, 2023

Moving Parties:                      Petitioner Swift Financial, LLC, as servicing agent for WebBank

Responding Party:                  None

Petition to Confirm Contractual Arbitration Award

            The court considered the petition.  No response was filed.

RULING

The petition is GRANTED.  The arbitration award is confirmed, and judgment is entered in conformity therewith.

BACKGROUND

            On September 21, 2022, petitioner Swift Financial, LLC, as servicing agent for WebBank filed a petition to confirm a contractual arbitration award against Prodan Enterprise, Inc. and Eugenia Ibanez.

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 Swift Financial, LLC, as servicing agent for WebBank, requests that the court confirm the contractual arbitration award against Prodan Enterprise, Inc. and Eugenia Ibanez.

            Petitioner has met the procedural requirements of CCP §1285.4.  The hearing was conducted by arbitrator Larry D. Carlson at AAA on June 6, 2022.  The award was made on June 6, 2022, which requires respondents to pay petitioner $148,580.84, plus $2735 in AAA administrative fees and arbitrator compensation.  To date, no payment has been made.

There is no response providing any ground for vacating the award under CCP §1286.2 or correcting the award under CCP §1286.6. 

The petition is GRANTED.  “If an award is confirmed, judgment shall be entered in conformity therewith. . . .”

            Petitioner is ordered to give notice of the ruling.