Judge: Holly J. Fujie, Case: 22STCP00770, Date: 2022-08-11 Tentative Ruling

Case Number: 22STCP00770    Hearing Date: August 11, 2022    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Petitioner

            The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            Petitioner filed an unopposed petition (the “Petition”) for an order confirming the arbitration award (the “Award”) issued on January 5, 2022 in the American Arbitration Association proceeding captioned North American Bancard, LLC v. Create Auto, Inc., et al., Case No. 01-21-0003-9173.  (See Petition, Exhibit 8C.)  Petitioner initiated the arbitration due to a contractual dispute regarding a Merchant Processing Application, Bank Disclosure, Free Terminal Placement Agreement, and Merchant Processing Agreement (the “Agreement”).  (See Exhibit 4B.)   The Arbitrator found that Respondents Create Auto, Inc. and Miran Poladian are liable to Petitioner in the amount of $186,585.90 in damages and $7,300 in arbitration administrative fees.  (See Exhibit 8C at 1-2.)

            Due to the lack of opposition, the Court GRANTS the Petition under Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.

Moving party is ordered to give notice of this ruling. 

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.  If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org stating your intention to appear in person.  The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.  This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

            Dated this 11th day of August 2022