Judge: Gary I. Micon, Case: 24CHCP00093, Date: 2024-08-22 Tentative Ruling

Case Number: 24CHCP00093    Hearing Date: August 22, 2024    Dept: F43

Stephen H. Kemp Revocable Trust, et al. vs. Thuy H. Lam, et al.

Trial Date: N/A

PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioners Stephen H. Kemp and Gregory B. Wood

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

Petitioners are requesting that the Court confirm the arbitration award and award interest and attorney fees.

RULING: Petition is granted to confirm the arbitration award and award interest and attorney fees.

SUMMARY OF ACTION AND ANALYSIS

On December 27, 2023, the arbitrator in this case entered a final award of $502,562.39, including pre-award interest, in favor of Petitioners. The arbitrator also awarded pre-judgment and post-judgment interest, as well as an additional $41,600.00 in attorney fees against the Lam Respondents. The Lam Respondents were also to pay $8,325.00 in arbitrator fees, as well as costs of suit in the amount of $5,280.00. (See Petition, Attachment 8c.) Petitioners also request prejudgment interest at the annual rate of 10% and in the amount of $22,167.82

Petitioners filed this petition pursuant to CCP §§ 1286 and 1287.4, which allow the Court to confirm the arbitration award and enter judgment in conformity with the award. None of the conditions outlined in CCP § 1286.2 that would require the vacation of the award are present.

The Court orders the award confirmed, and judgment is entered in favor of Petitioners in the requested amount of $579,935.21 ($502,562.39 in damages, $22,167.82 in prejudgment interest so far, $41,600.00 in attorney fees, $5,280.00 in costs, and $8,325.00 in arbitrator fees), plus any additional interest that may accrue. Petitioners are ordered to submit a proposed judgment with an up-to-date interest amount.

Moving party to give notice.