Superior Court of California 

County of Los Angeles 

Department 78 

 

SOMESH ROY,  

Plaintiff, 

v. 

VARTAN AKOPYAN, et al. 

Defendants. 

    Case No.: 20STCV01821 

 

   Hearing Date: September 27 

   [TENTATIVE] RULING RE: 

   

PLAINTIFF SOMESH ROY’S MOTION TO CONFIRM ARBITRATION AWARD 

 

Plaintiff’s Motion to Confirm Arbitration Award is GRANTED. 

Plaintiff to submit a proposed judgment.

FACTUAL BACKGROUND 

This is an action for breach of contract. The Complaint alleges as follows. In 2019, Plaintiff Somesh Roy (“Roy”) and Defendants Vartan Akopyan (“Akopyan”) and Neighborhood Home Health Care, Inc. (“NHHC”) entered into an agreement whereby Roy would sell his entire interest (100%) in NHHC to Akopyan for $275,000, payable in specific installments. (Compl. ¶¶ 11-12.) Roy received the first payment of $100,000 but not the installment due on September 30, 2019, which makes the entire balance immediately due. (Compl. ¶ 15.) 

PROCEDURAL HISTORY 

On January 16, 2020, Roy filed the Complaint alleging three causes of action: 

1. Breach of written contract 

2. Misrepresentation 

3. Fraud  

On August 10, 2020, this Court entered default against Akopyan and NHHC. 

On August 11, 2020, Defendants filed an Answer. 

On February 26, 2021, Plaintiff’s motion to compel arbitration was granted.

On August 8, 2023, Plaintiff filed the instant motion to confirm arbitration award.

DISCUSSION 

Plaintiff moves for the Court to confirm the arbitration award. 

Any party to an arbitration in which an award has been made may petition the court for confirmation of the award. (Code Civ. Proc., § 1285.) Upon service and filing of a petition to confirm arbitration award, the court shall confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (Id., § 1286.) The contents of a petition to confirm an arbitration award shall set forth the substance of or have attached a copy of the agreement to arbitrate, the names of the arbitrators, and shall set forth or have attached a copy of the award and the written opinion of the arbitrators. (Code Civ. Proc., § 1285.4.) Where the petition is served but no response is served and filed, the allegations in the petition are deemed admitted.  (CCP § 1290; Taheri Law Group, A.P.C. v. Sorokurs (2009) 176 Cal.App.4th 956, 962.)    

Every presumption is in favor of the arbitration award. (See Firestone Tire & Rubber Co. v. United Rubber Workers of America (1959) 168 Cal.App.2d 444, 449.) CCP section 1286.2 provides that “the court shall vacate the award if the court determines any of the following: (1) [t]he award was procured by corruption, fraud or other undue means.” (CCP § 1286.2(a).) The defendant moving for vacation of an arbitration award due to corruption, fraud, or other undue means must demonstrate a nexus between the award and the alleged undue means used to attain it. (See Pour Le Bebe, Inc. v. Guess? Inc. (2003) 112 Cal.App.4th 810, 833-34.) An objection to the granting of a motion to confirm an award is equivalent to a motion to vacate. (See Thriftimart, Inc. v. Superior Court (1962) 202 Cal.App.2d 421, 425-26.) 

Here, Plaintiff satisfies the requirements of Code Civ. Proc., §1285.4 by attaching the parties’ agreement to arbitrate, setting forth the arbitrator’s name (Judge Gregory C. O’Brien, Jr. (Ret.)), and attaching a copy of Judge O’Brien’s July 26, 2023 order in Plaintiff’s favor. (Motion, attachment 8(c).)

Accordingly, Plaintiff’s motion to Confirm the Arbitration Award is GRANTED. 

Plaintiff filed a proof of service reflecting that this motion and accompanying documents were served on Defendants. Defendants did not oppose this motion.

The motion to confirm the arbitration award issued by Judge O’Brien on July 26, 2023 in the arbitration between Plaintiff Somesh Roy and Defendants Vartan Akopyan and Neighborhood Home Health Care, Inc. is granted.

Plaintiff to submit a proposed judgment.

DATED: September 27, 2023 

________________________________ 

Hon. Jill Feeney 

Judge of the Superior Court