Judge: Jon R. Takasugi, Case: 25STCP01228, Date: 2025-05-20 Tentative Ruling
Case Number: 25STCP01228 Hearing Date: May 20, 2025 Dept: 17
Superior Court of California
County of Los Angeles
DEPARTMENT
17
TENTATIVE RULING
JOHN PAUL MITCHELL SYSTEMS, et al.
vs. SHADOW HOLDINGS, LLC |
Case
No.: 25STCP01228 Hearing Date: May 20, 2025 |
Petitioner’s motion to confirm the arbitration
award is GRANTED.
On
4/3/2025, Petitioners John Paul Mitchell Systems and Cosway Company
(collectively, Petitioners) petitioned to confirm the final arbitration award
against Shadow Holdings, LLC (Respondent).
The motion is
unopposed.
Legal Standard
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 who is
satisfied with an arbitration award should move to confirm the award.
A petition to confirm an arbitration award must include the substance of
the agreement to arbitrate, the names of the arbitrators, and the opinion of
the arbitrator. (Code Civ. Proc., § 1285.4. The general rule is that a court
will not review “the merits of the controversy, the validity of the
arbitrator’s reasoning, or the sufficiency of the evidence.” (Jordan v. DMV (2002) 100 Cal.App.4th 43;
see also Dept. of Personnel Admin. v.
Cal. Correctional Peace Officers Ass'n (2007) 152 Cal.App.4th 1193,
1200 [“an arbitrator’s decision is not generally reviewable for errors of fact
or law, whether or not such error appears on the face of the award and causes
substantial injustice to the parties.”].) Confirmation of the award is
mandatory unless a response or petition to correct or vacate the award has been
timely filed. (See Code Civ. Proc. §
1286; Valsan Partners Limited Partnership
v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818)
Discussion
Petitioners
submitted petition includes the name of the arbitrator, a copy of the award,
and the written opinion of the arbitrator. (CCP §
1285.4.)
Confirmation of the award is
mandatory unless a response or petition to correct or vacate the award has been
timely filed. (See Code Civ. Proc., §§ 1286.4, 1286.8; Valsan Partners Limited Partnership
v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818) Here,
the motion is unopposed.
Based
on the foregoing, Petitioner’s
motion to confirm the arbitration award is granted.
It is
so ordered.
Dated: May
, 2025
Hon. Jon R.
Takasugi
Judge of the
Superior Court
Parties who intend
to submit on this tentative must send an email to the court at smcdept17@lacourt.org
by 4 p.m. the day prior as directed by the instructions provided on the court
website at www.lacourt.org. If a party
submits on the tentative, the party’s email must include the case number and
must identify the party submitting on the tentative. If all parties to a
motion submit, the court will adopt this tentative as the final order. If the department does not receive an email
indicating the parties are submitting on the tentative and there are no
appearances at the hearing, the motion may be placed off calendar. For more information, please contact the
court clerk at (213) 633-0517.