Judge: Elaine W. Mandel, Case: 24SMCP00418, Date: 2024-10-30 Tentative Ruling

Case Number: 24SMCP00418    Hearing Date: October 30, 2024    Dept: P

Tentative Ruling

Gursey Schneider, LLP v. Aslin, Case no. 24SMCP00418

Hearing date October 30, 2024

Plaintiff Gursey Schneider’s Petition to Confirm Arbitration Award

Defendant retained plaintiff to perform accounting services regarding defendant's dissolution of marriage proceedings. Plaintiff and defendant executed a litigation consulting services engagement agreement which contained a binding arbitration provision. Plaintiff subsequently initiated arbitration proceedings for unpaid accounting services. The arbitrator awarded plaintiff $21,004.86 plus interest on 9/20/2023. Defendant subsequently failed to make payments as agreed. Plaintiff now petitions for confirmation of the arbitration award and seeks costs. Defendant is in pro per and does not oppose the petition.

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” Cal. Code Civ. Proc. §1285. “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made.” Cal. Code Civ. Proc. §1286.

Plaintiff seeks to have the court confirm an award of $21,004.86 plus interest pursuant to AAA Consumer Rules 44(a), accruing since 9/21/2023 at 10% per annum. Decl. Kramer para. 5. Defendant has made no payments on the arbitration award. Decl. Kramer para. 6. Plaintiff served and filed the petition 8/2/2024. Confirmation of the award is appropriate.

Plaintiff seeks 5 hours of attorney’s fees at $395/hour for preparing the petition and declarations, meetings on such, and the proposed order. Plaintiff anticipates an additional 3 hours attending hearings on the petition. Plaintiff seeks $370 in costs. The court awards 5 hours for preparation of the moving papers. Three hours to attend an uncontested petition is excessive. The court awards one hour for attending the hearing, a total of 6 hours at $395/hour, plus $370 in costs. GRANTED, attorney’s fees and costs awarded as modified. Plaintiff to prepare a proposed order.