Judge: Gary I. Micon, Case: 21CHCV00795, Date: 2025-04-25 Tentative Ruling
Case Number: 21CHCV00795 Hearing Date: April 25, 2025 Dept: F43
Dept. F43
Date: 04-25-25
Case # 21CHCV00795, Synchrony Bank v. Arakelian
Trial Date: N/A
CONFIRM ARBITRATION
AWARD
MOVING PARTY: Plaintiff Synchrony Bank
RESPONDING PARTY: No response has been filed.
RELIEF REQUESTED
Order confirming $29,712.90 arbitration award
and judgment following binding arbitration.
RULING: Motion
is granted.
SUMMARY OF ACTION
On August 13, 2013, plaintiff Synchrony
Bank (Plaintiff) and defendant Melanie Arakelian (Defendant) entered into a
credit card agreement under which Plaintiff provided credit to Defendant for
purchases Defendant made with her credit card.
Defendant defaulted under the agreement and failed to make the requisite
payments. The total charges are fees due
and owed as of December 19, 2018, less a small charge off, is $29,712.90.
Defendant
filed a demand for arbitration with the Judicial Arbitration and Mediation
Services (JAMS), pursuant to the arbitration provision in the credit card
agreement.
The
arbitration hearing occurred on January 27, 2025, and the arbitrator issued a
ruling and award in Plaintiff’s favor on January 31, 2025. The arbitrator found that Defendant is liable
under the credit card agreement for $29,712.90, and ordered Defendant to pay this
amount plus interest at the legal rate from the date the award became final. The arbitrator also found that Defendant was
not liable to pay Plaintiff’s attorney fees and costs pursuant to JAMS Consumer
Arbitration Minimum Standards 7 and 8.
On
February 26, 2025, Plaintiff filed a petition to confirm the arbitration award
and judgment. Attached to the petition
is the Arbitration Award. Defendant does not oppose the petition.
ANALYSIS
“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.) The petition must state the substance, or
attach copies of the arbitration agreement, the award, and any written opinion.
(Code Civ. Proc., § 1285.4.) The petitioner must serve the petition between
10 days and 4 years from the date the award was served on the petitioner. (Code Civ. Proc., §§ 1288, 1288.4.) The other party may respond to the petition. (Code Civ. Proc., § 1285.2.)
“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 proceeding.” (Code Civ. Proc., § 1286.) The court may
not vacate or correct an award unless a petition or response requesting that
the award be vacated or corrected has been duly served and filed. (Code Civ. Proc., §§ 1286.4 &
1286.8.) “Once a petition to confirm an award is filed, the superior
court must select one of only four courses of action: It may confirm the award,
correct and confirm it, vacate it, or dismiss the petition. [Citation.]” (EHM Productions, Inc. v. Starline Tours
of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.) “If an award is confirmed, judgment shall be
entered in conformity therewith.” (Code
Civ. Proc., § 1287.4.)
The
court may not review “the merits of the dispute, the sufficiency of the
evidence, or the arbitrator’s reasoning, nor may we correct or review an award
because of an arbitrator’s legal or factual error, even if it appears on the
award’s face. Instead, we restrict our
review to whether the award should be vacated under the grounds listed in
section 1286.2. [Citations.]” (Roehl
v. Ritchie (2007) 147 Cal.App.4th 338, 347; Luster v. Collins
(1993) 15 Cal.App.4th 1338, 1344.)
Timeliness
of the Petition, Service, and Notice of Hearing
The petition must
state the substance, or attach copies of the arbitration agreement, the award,
and any written opinion. (Code Civ.
Proc., § 1285.4.) The petitioner
must serve the petition between 10 days and 4 years from the date the award was
served on the petitioner. (Code Civ.
Proc., §§ 1288, 1288.4.) The petitioner
must serve the petition and notice of the hearing on the respondent “in the
manner provided in the arbitration agreement for the service of such petition
and notice” or “[i]f the arbitration agreement does not provide the manner in
which such service shall be made . . . [s]ervice within this State shall be
made in the manner provided by law for the service of summons in an action.”
(Code Civ. Proc., § 1290.4, subd. (a), (b).)¿
The award was made
January 31, 2025, but Plaintiff does not state when the award was served on
Plaintiff. Regardless, Plaintiff filed
notice of the hearing and the petition on February 26, 2025. Plaintiff served Defendant with the notice
and petition via first-class mail on February 26, 2025, more than ten (10) days
after January 31, 2025, but less than four (4) years before January 31,
2029. Plaintiff filed the proof of
service on February 26, 2025.
Therefore, the petition is timely and properly served.
Confirmation
of Arbitration Award
An arbitration
award is not directly enforceable until it is confirmed by a court and judgment
is entered.¿ (Code Civ. Proc., § 1287.6;
Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) On the merits, the court must confirm the
award as made, unless it corrects or vacates the award, or dismisses the
proceeding.¿ (Code Civ. Proc., § 1286; Valsan Partners Limited Partnership
v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) The petition must:¿
(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 the names of the arbitrators.¿
(c)
Set
forth or have attached a copy of the award and the written opinion of the
arbitrators, if any.¿
(Code Civ. Proc.,
§ 1285.4.)
Plaintiff’s
petition includes a copy of the arbitration award and opinion. (Petition, Attachment 8c.) The
petition includes the arbitrator’s name: Honorable Franz E. Miller, Ret. Plaintiff does not include a copy of the
credit card agreement but does set forth the terms of the arbitration provision
in the credit card agreement. (Petition,
p. 2, ¶ 4.c.) The court may therefore
reach the merits of Plaintiff’s petition.
(See Puccinelli v. Nestor (1956) 145 Cal.App.2d 48, 50.)
The court notes that Plaintiff’s proposed order includes
an additional $524.00 in court costs.
Because the arbitration award does not include court costs, and
Plaintiff does not address them in its petition, the court does not award this
additional $524.00.
Therefore, the court grants Plaintiff’s petition and confirms
the arbitration award of $29,712.90.
CONCLUSION AND ORDER
The court grants Plaintiff Synchrony Bank’s petition and
confirms the arbitration award of $29,712.90.
Defendant Melanie Arakelian is ordered to remit payment
to Plaintiff within 30 days of the date of this order.
Plaintiff Synchrony Bank to give notice.