Judge: Joel L. Lofton, Case: 21GDCV00239, Date: 2022-09-07 Tentative Ruling

Case Number: 21GDCV00239    Hearing Date: September 7, 2022    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      September 7, 2022                              TRIAL DATE:  No date set.

CASE:                         KAMEN LAI, an individual; YUAN XIN, an individual; and KAMDAT INVESTMENT INC., a California corporation, v. XIAOQI NI, an individual; MUTUAL ESCROW, a California corporation; and DOES 1 through 50, inclusive.  

CASE NO.:                 21GDCV00239

PETITION TO CONFIRM ARBITRATION AWARD

PETITIONING PARTY:    Plaintiffs Kamen Lai, Yuan Xin, and Kamdat Investment Inc.           

RESPONDING PARTY:     No response filed.

SERVICE:                             Filed August 10, 2022

RELIEF REQUESTED

            Petitioners petition for a confirmation of the arbitration award.

BACKGROUND

            This case arises out of a transaction for the sale of real property located at 9609 Live Oak, Avenue, Temple City, California 91780. Plaintiffs Kamen Lai, Yuan Xin, and Kamdat Investment Inc. (“Petitioners”) filed a complaint on February 19, 2021, against Defendants Xiaoqui Ni and Mutual Escrow Corporation (“Defendants”) alleging five causes of action for (1) breach of contract, (2) intentional misrepresentation, (3) negligent misrepresentation, (4) declaratory relief, and (5) specific performance of cancellation of escrow.

TENTATIVE RULING

            Petitioners’ petition for a confirmation of the Binding Final Arbitration Award is granted.

            Petitioner’s request for post-judgment interest is granted.

            Judgment is ordered on behalf of Petitioners in conformity with the Binding Final Arbitration award.

LEGAL STANDARD

“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 of Civ. Proc. section 1285.) “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. [Citation.] ‘[I]t is the general rule that, with narrow exceptions, an arbitrator's decision cannot be reviewed for errors of fact or law.’ ” (EHM Productions, Inc. v. Starline Toures of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.)  

DISCUSSION

            “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 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. section 1285.4.)

            Petitioners provide the residential purchase agreement between the parties which contains an arbitration clause. (Petition ¶ 3, Exhibit 1.) This Court ordered the parties, pursuant to their stipulation, to submit this case to arbitration. (Petition ¶ 5, Exhibit 2.) The matter was submitted to arbitration with Leonard S. Levy, Esq. with ADR Services, Inc. for an arbitration hearing on May 11, 2022. (Petition ¶ 6.) The arbitrator issued an award in Petitioners’ favor totaling $83,410.46. (Petition ¶ 7, Exhibit 3.)

CONCLUSION

            Petitioners’ petition for a confirmation of the Binding Final Arbitration Award is granted.

            Petitioner’s request for post-judgment interest is granted.

            Judgment is ordered on behalf of Petitioners in conformity with the Binding Final Arbitration award.

            At the hearing the Petitioner will state how they wish to proceed against the remaining defendant Jinjuan Zhao

Dated:   September 7, 2022                            ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court