Judge: Holly J. Fujie, Case: 23STCP01370, Date: 2023-08-11 Tentative Ruling

Case Number: 23STCP01370    Hearing Date: December 1, 2023    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 within 10 days of receipt of the moving papers under California Code of Civil Procedure (“CCP”) section 1290.6.

BACKGROUND

            On April 27, 2023, Petitioner filed a petition to confirm the arbitration award issued by the arbitrator in the arbitration proceeding between Petitioner and Respondent (the “Petition”).  On June 5, 2023, Petitioner filed a notice of hearing and motion to confirm the Petition (the “Motion”).  The Petition and Motion request that the Court confirm the arbitration award (the “Award”) issued in Petitioner’s favor in the amount of $45,163.14 by an arbitrator on April 4, 2023.  (See Petition, Exhibit 8(c).)  The Petition also requests that the Court award Petitioner interest on the Award and costs of suit. 

DISCUSSION

            Under CCP section 1285, any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.  (CCP § 1285.)  The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.  (Id.)  Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.  (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.)  Under CCP section 1286.2, the court may vacate the award only under very limited circumstances.  (Id.)

When a party petitions the court to confirm the award, the opposing party may seek vacation of the award by way of response only if he serves and files his response within 10 days after the service of the petition under CCP section 1290.6.  (Oaktree Capital Management, L.P. v. Bernard (2010) 182 Cal.App.4th 60, 64.)  Unless the response is duly served and filed, under CCP section 1290, the allegations of the petition are deemed to be admitted by the other side.  (Id.) 

            The Petition sets forth the terms of the Award.  As it is unopposed, the Court GRANTS the Petition in its entirety.  (See Oaktree Capital Management, L.P. v. Bernard (2010) 182 Cal.App.4th 60, 64.)

Moving party is ordered to give notice of this ruling. 

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 1st day of December 2023