Judge: Gary I. Micon, Case: 24CHCP00189, Date: 2024-08-12 Tentative Ruling

Case Number: 24CHCP00189    Hearing Date: August 12, 2024    Dept: F43

Dept. F43

Date: 8-12-24

Case #24CHCP00189 , Bill Me Later, Inc. vs. Sumbry Estates LLC, et al.

Trial Date: N/A

PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioner Bill Me Later, Inc.

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

Petitioner is requesting that the Court confirm the arbitration award and award interest.

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

SUMMARY OF ACTION AND ANALYSIS

On March 21, 2024, the arbitrator in this case entered a final award of $99,475.10 in favor of Petitioner Bill Me Later, Inc. (Petitioner).

The final award consisted of the following: $90,450.10 for the principal under the agreement; $5,750.00 in attorney fees; and $3,275.00 in costs and arbitration fees.

Petitioner 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.

Petitioner has also requested 10% per annum interest pursuant to “C.C.P. § 3389(b).” However, no such section exists in the Code of Civil Procedure. However, it is likely that Petitioner meant Civ. Code § 3289(b), which states “If a contract entered into after January 1, 1986, does not stipulate a legal rate of interest, the obligation shall bear interest at a rate of 10 percent per annum after a breach.” Furthermore, interest is allowable pursuant to Civ. Code § 3287. (See Glassman v. Safeco Ins. Co. of America (2023) 90 Cal.App.5th 1281, 1319.)

The Court orders the award confirmed, and judgment is entered in favor of Petitioner in the amount of $99,475.10, plus interest. Petitioner is ordered to submit a proposed judgment based on an interest rate of 10 percent per annum accruing since April 21, 2024.

Moving party to give notice.