Judge: Edward B. Moreton, Jr., Case: 22SMCP00556, Date: 2023-01-10 Tentative Ruling

Case Number: 22SMCP00556    Hearing Date: January 10, 2023    Dept: 205

Superior Court of California

County of Los Angeles – West District

Beverly Hills Courthouse / Department 205

            This action arises from the purchase and sale of a home located at 28680 Malibu Colony Cove (the “Property”).  Respondent 26860 Malibu Cove Colony, LLC (“Buyer”) alleges that at the time of the $6.25 million sale of the Property, Petitioners Buy Lease or Rent Real Estate Merger Company, Inc. and Manfred Menz (“Sellers”) had actual knowledge of, but failed to disclose, the impending renovation of an adjacent property.  As a result of this alleged failure to disclose, Buyer seeks $891,000 in compensatory damages and unspecified punitive damages.

            After a five day arbitration, the arbitrator (the Honorable James A. Steele (Ret.)) found in favor of Buyer in the sum of $391,000.  (Exs. B, C to Petition.)  But the arbitrator concluded there was no prevailing party, and each side was to bear their own fees and costs.  (Ex. B to Petition.)  The Final Award was issued and served on August 2, 2022.  (Ibid.)  Pursuant to Code Civ. Proc. §1288, the parties had until November 10, 2022, 100 days after service of the Final Award, to vacate or correct the Final Award.  No party sought to vacate or correct the Final Award.  And Sellers have paid to Buyer the full amount of the Final Award.          

This hearing is on Sellers’ petition for an order confirming the arbitration award.  Buyer does not oppose the petition.  The petition satisfies the requirements of Code Civ. Proc. §1285.4 as Sellers have attached a copy of the arbitration agreement, set forth the names of the arbitrators, and attached a copy of the award.    

            Based on the foregoing, the Court GRANTS the petition for an order confirming the arbitration award (attached as Exhibits B and C to the Petition) pursuant to Code Civ. Proc. §1285.  Judgment is to be entered in conformity therewith pursuant to Code Civ. Proc. §1287.4, and the court clerk is to enter satisfaction of the judgment pursuant to Code Civ. Proc. §724.050(d). 

IT IS SO ORDERED.

DATED: January 10, 2023                                         ___________________________

                                                                                    Edward B. Moreton, Jr.

                                                                                    Judge of the Superior Court