Judge: Gary Y. Tanaka, Case: 22TRCP00200, Date: 2022-10-05 Tentative Ruling

Case Number: 22TRCP00200    Hearing Date: October 5, 2022    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

 

 

Honorable Gary Y. Tanaka                                                                                                   Wednesday, October 5, 2022

Department B                                                                                                                                                Calendar No. 4

  


 

 

PROCEEDINGS

 

Whitney Stevenson, et al. v. Pelican Pools and Spas, et al.    

22TRCP00200

  1. Whitney Stevenson, et al.’s Petition to Confirm Arbitration  

     

     

    TENTATIVE RULING


                Whitney Stevenson, et al.’s Petition to Confirm Arbitration is denied without prejudice.

     

                Background

               

                Petitioners filed the Petition to Compel Arbitration on June 9, 2022. Petitioner alleges the following facts. Petitioner commenced arbitration proceedings via the Contractor’s State License Board Arbitration Program. On April 14, 2022, the arbitrator executed the arbitration award granting Petitioners the sum of $50,000.00.   

     

                Petition to Confirm Arbitration Award  

     

                The procedure by which a prevailing party obtains an enforceable judgment, upon the completion of the arbitration, is to petition to confirm the award.  CCP § 1286; Loeb v. Record (2008) 162 Cal.App.4th 431, 450. 

     

                CCP § 1285.4 states:

                “A petition under this chapter shall:

                (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.”

     

                Service of this petition must meet the requirements of CCP § 1290.4.  CCP § 1290.4 states, in relevant part: 

    “(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.

    (c) If the arbitration agreement does not provide the manner in which such service shall be made and the person on whom service is to be made has previously appeared in the proceeding or has previously been served in accordance with subdivision (b) of this section, service shall be made in the manner provided in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of this code.”  Code Civ. Proc., § 1290.4.

     

                Here, petitioners served the petition and notice of hearing by email. However, petitioners have failed to demonstrate that the arbitration agreement provides for service of the petition and notice of hearing by this method.  

                Therefore, the petition to confirm arbitration award is denied without prejudice. 

     

                Petitioners are ordered to give notice of this ruling.