Judge: Donald F. Gaffney, Case: Citizen v. The Salvation Army, Date: 2023-08-09 Tentative Ruling
TENTATIVE RULING:
For the reasons set forth below, Defendant Salvation Army’s unopposed Petition to Confirm Arbitration Award is GRANTED.
Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. (Cal. Civ. Proc. Code § 1285). The petition must be filed and served no less than ten days, and no more than four years, after the award is served on the party seeking confirmation. (Cal. Civ. Proc. Code §§ 1288 & 1288.4). If a petition is not opposed after being duly filed and served on respondent, its allegations are deemed admitted. (Cal. Civ. Proc. Code § 1290).
California Code of Civil Procedure section 1285.4 requires the petition to:
1) 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;
2) Set forth names of the arbitrators; and
3) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.
If the petition is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state. (Cal. Civ. Proc. Code § 1286). The general rule is that a court will not review “the merits of the controversy, the validity of the arbitrator’s reasoning, or the sufficiency of the evidence.” (Jordan v. California Dept. of Motor Vehicles (2002) 100 Cal.App.4th 431).
An arbitration award may only be vacated if (1) the award was procured by corruption, fraud or other undue means, (2) there was corruption in any of the arbitrators, (3) the rights of the party were substantially prejudiced by misconduct of a neutral arbitrator, (4) the arbitrators exceeded their powers, (5) the rights of the party were substantially prejudiced by the refusal of the arbitrators to postpone the hearing, or (6) the arbitrator making the award failed to disclose a ground for disqualification or failed to disqualify himself or herself as required upon receipt of timely demand. (Cal. Civ. Proc. Code §1286.2.)
Until it is either confirmed or vacated, an arbitration award has the same force and effect as a contract in writing between the parties to the arbitration. (Cal. Civ. Proc. Code § 1287.6). When confirmed, judgment shall be entered in conformity with the award and has the same force and effect as, and is subject to, all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification. (Cal. Civ. Proc. Code § 1287.4)
Analysis
1. Timeliness of the Petition
The arbitration order was issued on April 21, 2023. (Petition, Ex. (Petition, Ex. A). This petition was filed on May 12, 2023, no less than 10 days before, and no more than four years after, the award was issued. (Cal. Civ. Proc. Code § 1288).
2. Substance of the Arbitration Agreement
Petitioner failed to attach a copy of the parties’ agreement to arbitrate. However, the parties filed a stipulation, agreeing to arbitrate, which is part of this court’s record. On its own motion, the court takes judicial notice of the parties’ agreement to arbitration, which the court signed on November 19, 2021. (See Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 752 (“the court may take judicial notice on its own volition.”)) The substance of the arbitration agreement, therefore, has been established by the court’s records.
3. Names of the Arbitrators
The petition identifies the name of the arbitrator. (Petition, 4:5-6 & Ex. A at 3.) (Cal. Civ. Proc. Code § 1285.4)
4. The Arbitrators’ Opinion and Award
The petition attaches a copy of the award and the opinions of the arbitrator. (Petition, Ex. A). The arbitrator granted summary adjudication on the cause of action for harassment and the cause of action for constructive discharge in favor of Salvation Army. Those are the only remaining causes of action left.
5. Duly Filed and Served
Respondent was served with the petition on May 12, 2023. (See ROA # 46). (Cal. Civ. Proc. Code § 1286).
6. No Opposition
Having been served, respondent has not filed an opposition setting forth any grounds to vacate the award under California Code of Civil Procedure 1286.2. The allegations set forth in the Petition are, therefore, deemed admitted.
Conclusion
Given that petitioner has complied with all procedural requirements and given that no grounds exist in the record to vacate the award, the petition is GRANTED.
Moving party to give notice.