Judge: Gary I. Micon, Case: 24CHCP00318, Date: 2024-10-30 Tentative Ruling

Case Number: 24CHCP00318    Hearing Date: October 30, 2024    Dept: F43

Dept. F43

Date: 10-30-24

Case #24CHCP00318, Grant | Shenon, APLC vs. James Hoseini

Trial Date: N/A

PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioner Grant | Shenon, APLC

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

Petitioner is requesting that the Court confirm the arbitration award.

RULING: Petition is granted to confirm the arbitration award.

SUMMARY OF ACTION AND ANALYSIS

This case involves a fee dispute between a law firm, Petitioner Grant | Shenon, APLC (Petitioner), and its client, Respondent James Hoseini (Petitioner), that went to arbitration. Respondent did not participate in or otherwise attend the arbitration hearing. On June 11, 2024, the arbitrators in this case entered a final award in favor of Petitioner in the amount of $59,064.00, which is the sum of $56,251.43 in fee/costs plus $2,812.57 in arbitration filing fees. The arbitration award is attached as Exhibit B to the petition.

This was a dispute involving voluntary fees. California Business and Professions Code § 6200 gives the local bar association where an attorney practices law jurisdiction to hear voluntary fee dispute arbitration. When parties do not agree to binding arbitration in these circumstances, it is non-binding. However, Bus. & Prof. Code § 6203(b) states that “[e]ven if the parties to the arbitration have not agreed in writing to be bound, the arbitration award shall become binding upon the passage of 30 days after mailing of notice of the award, unless a party has, within 30 days, sought a trial after arbitration pursuant to Section 6204.”

The arbitration award was served on the parties on June 20, 2024. Respondent had 30 days after that date to seek a trial. He has not filed a complaint or taken any other steps to seek a trial. Accordingly, the arbitration award is now final and binding upon Respondent.

Furthermore, “Any party to an arbitration in which an award has been made may petition the court to confirm [the award]...” (CCP § 1285.) “[T]he court shall confirm the award as made … unless … it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (CCP § 1286.) “If an award in confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification; and it may be enforced like any other judgment of the court in which it is entered, in an action of the same jurisdictional classification.” (CCP § 1287.4.)

Here, Petitioner has met the requirements for confirmation of the arbitration award. There are also no grounds for vacating or correcting the award pursuant to CCP §§ 1286.2 or 1286.6. Accordingly, the Court confirms the arbitration award.

The Court orders the award confirmed, and judgment is entered in favor of Petitioner in the awarded amount of $59,064.00.

Moving party to give notice.