Judge: Holly J. Fujie, Case: 24STCP01732, Date: 2024-08-29 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.

Case Number: 24STCP01732    Hearing Date: August 29, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Petitioner Circle Graphics, Inc. (“Petitioner”)

RESPONDING PARTY: None

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

BACKGROUND

             This action arose from a dispute regarding obligations allegedly due under a Consulting Services Agreement (the “CSA”) entered into by Petitioner and Respondent Navigo Consulting Group, Inc. (“Respondent”).  The matter was arbitrated pursuant to the terms of the CSA between Petitioner and Respondent. 

            On February 27, 2024, the arbitrator issued an award of $879,267 in attorney’s fees and costs against Respondent and in favor of Petitioner.

Petitioner now moves to confirm the arbitration award by filing the instant petition to confirm the arbitration award against Respondent on May 29, 2024, with a Notice of Hearing dated June 11, 2024.

DISCUSSION

            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 Petitioner has 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.)

RULING

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

Petitioner 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 29th day of August 2024