Judge Holly J. Fujie, Case Number: 22STCP03715, Date: 2024-09-04 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

MOVING PARTY: Petitioners Blue Rider Entertainment, Inc. (“Blue Rider”), Dawn Caruso (“Caruso”) and Anthony Lombardi (“Lombardi”) (sometimes collectively, “Petitioners”)

The court considered the moving papers filed in connection with this petition. No opposition to the petition was filed.

This action arose from a dispute regarding obligations allegedly due under five Demand Promissory Notes (the “Notes”) between Petitioners and RKA Studios, LLC and Keith St. Clair (collectively, “Respondents”). The matter was arbitrated pursuant to the terms of the Notes.

On May 17, 2024, the arbitrator issued an award in favor of Petitioners and against Respondents, jointly and severally, in the following sums:

1. The amount of $338,922.12 in principal ($144,942.12 + $106,000 + $87,980 on Notes 1, 4 and 5, respectively) as well as interest pursuant to Puerto Rican law in the amount of $210,130.98 ($96,784.65 + $62,680.76 + $50.665.58 on Notes 1, 4 and 5, respectively, up to and including April 19, 2024, with such interest thereafter accruing at the daily rate of $90.59 on Note 1, $66.25 on Note 4 and $54.98 on Note 5.

2. With respect to Note 2, Caruso shall recover $90,100 in principal, plus accrued interest in the amount of $53,773.66.

3. With respect to Note 3, Lombardi shall recover $90,100 in principal, plus accrued interest in the amount of $53,773.66.

4. With respect to Note 2 and Note 3, interest shall continue to accrue on the preceding amounts at the daily rate of $56.31.

5. Additionally, Petitioners shall recover attorney’s fees of $65,605, costs of $2,447.45, and arbitration fee reimbursement of $11,945.46.

Petitioners now move to confirm the arbitration award by filing the instant petition to confirm the arbitration award against Respondent on May 30, 2024, with a Notice of Hearing dated May 30, 2024 and a Notice or Rescheduled Hearing re Petition filed June 26, 2024.

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (Code Civ. Proc., § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the award is served. (Code Civ. Proc., §§ 1288, 1288.4.)

“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 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.” (Code Civ. Proc., § 1285.4.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made…unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (Code Civ. Proc., § 1286.) Any response to the petition is required to be filed and served within 10 days after service of the petition. (Code Civ. Proc., § 1290.6.)

The Court finds that Petitioners have established that the procedural requirements have been met. There being no response, the Court finds that the arbitration award is proper to confirm. “If [an] award is confirmed, judgment must be entered in conformity therewith.” (Jones, supra.)

Based on the foregoing, the Court grants Petitioners’ petition to confirm arbitration award. The Court orders Petitioners to file and serve a proposed judgment within 10 days of the date of this order.

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.

Hon. Holly J. Fujie

Judge of the Superior Court