Judge: Elaine W. Mandel, Case: 24SMCP00513, Date: 2024-12-19 Tentative Ruling

Case Number: 24SMCP00513    Hearing Date: December 19, 2024    Dept: P

Tentative Ruling

Dhawan v. Saman, Case no. 24SMCP00513

Hearing date December 19, 2024

Dhawan’s Petition to Confirm Arbitration Award

Saman’s Petition to Vacate Arbitration Award

Saman commenced arbitration against Dhawan regarding defects in the condominium he purchased from Dhawan. The parties stipulated to bifurcate the liability and damages phases of arbitration. Decl. Stern exh. D. Following trial on liability, the arbitrator issued an interim award in Dhawan’s favor. Dhawan moved for attorney’s fees, and Saman filed an objection, requesting the arbitrator address Saman’s claims of rescission.

The arbitrator’s final award of 9/20/24 found: (1) prior to the arbitration, Saman filed a first amended statement of claims in which he withdrew his rescission claim and sought only damages (Final Award 4:14-16); (2) Saman was otherwise not entitled to rescission because Saman sold the unit prior to the arbitration and could not tender it back to Dhawan (Final Award 4:12-14); (3) there was no mutual mistake of fact, and there was no negligent misrepresentation by Dhawan as to the property’s condition (Final Award 4:27-5:2); and (4) Saman failed to meet his burden of proving Dhawan was aware of, and failed to disclose, the condition of the unit (Interim Award 7:16-18).

Dhawan petitions to confirm the arbitration award. Saman petitions to vacate the arbitration award. Dhawan objects and seeks a attorney’s fees and costs.

Dhawan’s Evidentiary Objections

Dhawan offers three evidentiary objections: objection 1 SUSTAINED (mischaracterization), objections 2-3 SUSTAINED (lack of foundation, hearsay).

Saman’s Petition to Vacate Arbitration Award

A party may file a petition to vacate an arbitration award if the arbitrator exceeded their powers, and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted. Code Civ. Proc. §1286.2(a)(4).

Saman argues the arbitrator failed to address the gravamen of Saman’s argument regarding rescission. Saman asserts the arbitrator was compelled to address the rescission argument and by failing to do so, the arbitrator exceeded their authority. This is inaccurate. The final award addressed Saman’s claims for rescission, finding Saman had withdrawn his claim and was not entitled to recission. Final Award 4:12-16. The arbitrator further found there was no mistake of fact which would allow for recission. Final Award 4:27-5:2. There is no basis to vacate the final award. DENIED.

Dhawan’s Petition to Confirm Arbitration Award

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” 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.” Code Civ. Proc. §1286.

Dhawan seeks to have this court confirm the arbitration award and seeks attorney’s fees and costs associated with opposing Saman’s petition to vacate the award. The contract between Dhawan and Saman provided for recovery of fees and costs. Decl. Stern para. 6.

Dhawan seeks $395/hour x 19.25 hours, plus 3 hours reviewing Saman’s reply and $770.78 in costs, totaling $9,559.53. Decl. Stern paras. 8-9.

The hours requested for preparation of the motion seems excessive; 15 hours is awarded, at the requested hourly rate of $395. As Saman’s reply was 6 pages with no declarations or exhibits attached, 3 hours seems excessive. Dhawan is awarded 1 hour for reviewing the reply. Costs are awarded as requested.

Dhawan’s petition to confirm the final award and for fees and costs is GRANTED. Fees as above, 16 hours x $395, plus $770.78, payable within 30 days.