Judge: Gregory Keosian, Case: 20STCV12912, Date: 2023-04-20 Tentative Ruling

Case Number: 20STCV12912    Hearing Date: April 20, 2023    Dept: 61

Defendants Damco Distribution Services, Inc., Damco USA, Inc., Maersk Line Limited and Maersk, Inc.’s Petition to Confirm Arbitration Award is GRANTED.

Defendants to provide notice.

I.      PETITION TO CONFIRM ARBITRATION AWARD

Defendants Damco Distribution Services, Inc., Damco USA, Inc., Maersk Line Limited and Maersk, Inc. (Defendants) seek to confirm an arbitration award entered against Plaintiff Roberto Bermudez, directing that neither party take anything from the other, and that Plaintiff’s claims be dismissed with prejudiced. (Petition at p. 2.)

A.    CONTENTS OF THE PETITION

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) A petition must include (a) the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement, (b) the names of the arbitrators, and (c) a copy of the award and the written opinion of the arbitrators, if any. (Code Civ. Proc., § 1285.4.)

The petition here includes the arbitration agreement (Att. 4(b)), the name of the arbitrator (Frank Cronin), and a copy of the award. (Att. 8(c).)

B.    Service

“No petition may be served and filed under this chapter until at least 10 days after service of the signed copy of the award upon the petitioner.” (Code Civ. Proc., § 1288.4.) “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.” (Code Civ. Proc., § 1290.4, subd. (a).) 

Subdivision (b) provides:

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.

(Code Civ. Proc., § 1290.4, subd. (b).)

Here, Plaintiff were served by mail and email. Since Plaintiff previously appeared in this action, service of this petition may be had in accordance with that for normal motions. (Code Civ. Proc. § 1290.4, subd. (c).) Such service was accomplished here. No opposition to the petition has been filed.

The petition is therefore GRANTED.