Judge: Gary Y. Tanaka, Case: 22TRCP00295, Date: 2023-01-26 Tentative Ruling

Case Number: 22TRCP00295    Hearing Date: January 26, 2023    Dept: B

PROCEEDINGS

Zev Beckerman v. Six Spoke Media LLC 

22TRCP00295

1.      Zev Beckerman’s Petition to Confirm Arbitration Award 

TENTATIVE RULING

Zev Beckerman’s Petition to Confirm Arbitration Award is denied without prejudice.

Background

            Petitioner filed the instant petition on August 18, 2022. Petitioner and respondent were parties to two purchase agreements relating to two adjoining parcels of real property. Each party to the arbitration demanded release of the two $25,000.00 deposits to themselves. Petitioner prevailed at arbitration.

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.4^th 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: 

“(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.

(b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision:

(1) Service within this State shall be made in the manner provided by law for the service of summons in an action.

(2) Service outside this State shall be made by mailing the copy of the petition and notice and other papers by registered or certified mail. Personal service is the equivalent of such service by mail. Proof of service by mail shall be made by affidavit showing such mailing together with the return receipt of the United States Post Office bearing the signature of the person on whom service was made. Notwithstanding any other provision of this title, if service is made in the manner provided in this paragraph, the petition may not be heard until at least 30 days after the date of such service.

(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.

It appears that the arbitration agreement does not provide the manner in which service of the instant petition must be made. Petitioner failed to demonstrate that he served the petition and notice of hearing in the manner required under CCP § 1290.4(b), as the respondent has not previously appeared in this action. The “proof of service” filed on January 19, 2023, confirms that service was not effectuated in the manner required by CCP § 1290.4(b).

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

Petitioner is ordered to give notice of this ruling.