Judge: Joseph Lipner, Case: 22STCV10751, Date: 2023-10-10 Tentative Ruling

Case Number: 22STCV10751    Hearing Date: October 10, 2023    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Defendant Bella+Canvas, LLC filed a Petition to Confirm Contractual Arbitration Award against Plaintiff Jane Maher.

Defendant Bella+Canvas, LLC’s Petition to Confirm Contractual Arbitration Award against Plaintiff Jane Maher is GRANTED.

Background

          On March 29, 2022, Plaintiff Jane Maher (Maher) filed a Complaint against Defendants Bella+Canvas, LLC, and DOES 1 through 20, inclusive, alleging causes of action for (1) violation of whistleblower protection pursuant to Labor Code § 1102.5; (2) retaliation and discrimination in violation of Labor Code §§ 6310-6311; and (3) wrongful termination in violation of public policy.

          On May 31, 2022, an Order Re Stipulation Re Arbitration was granted by this Court.

          On March 22, 2023, Defendant Bella+Canvas, LLC filed a Petition to Confirm Contractual Arbitration Award (Petition) against Maher. No opposition has been filed.

Legal Standard

“Regardless of the particular relief granted, any arbitrator’s award is enforceable only when confirmed as a judgment of the superior court.”  (O’Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.)  A party may seek a court judgment confirming an arbitration award by filing and serving a petition no more than four years, but not less than 10 days, after the award is served. (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.)

“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.)  “It is well settled that the scope of judicial review of arbitration awards is extremely narrow.”  (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.)  “Neither the trial court, nor the appellate court, may ‘review the merits of the dispute, the sufficiency of the evidence, or the arbitrator’s reasoning, nor may we correct or review an award because of an arbitrator’s legal or factual error, even if it appears on the award’s face.”  (EHM Productions, supra, at p. 1063-64.)

Discussion

Service of the Petition, and Notice of Hearing

Pursuant to the Code of Civil Procedure section 1290.4, “A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.” (Code Civ. Proc., §1290.4(a).)

But “if the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision…Service within this State shall be made in the manner provided by law for the service of summons in an action.” (Code Civ. Proc., § 1290.4(b)(1).)

Here, the Petition and the notice of hearing were filed on March 22, 2023. Proof of service filed on March 27, 2023 reflects that the Petition and a notice of hearing were served by regular mail and electronic mail. Notice Re Continuance of Hearing and Order was filed on July 17, 2023. Proof of service filed on July 24, 2023 reflects that continuance was served by regular mail. The arbitration agreement does not provide the method by which service of such petition and notice would be proper. (Attachment 4(B).) However, service by regular mail is permissible under law for the service of a summons in an action. Therefore, service of the Petition and notice of hearing were proper.

Service of the Arbitration Award

Pursuant to the Code of Civil Procedure section 1283.6, “The neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.)

          Here, the Petition states that the arbitration hearing was conducted on February 14, 2023, in Los Angeles, CA, by video teleconference and that a written award was made on March 3, 2023. (Petition § 7(a)-(b).) A copy of the award is attached as Attachment 8(C). The award provides that neither party is required to pay the other anything. The award attached as Attachment 8(C) is signed by arbitrator Honorable Judge Jackson Lucky (Ret.) and was served on March 7, 2023 by electronic mail. (Petition §§6, 9(a).) Therefore, service of the arbitration award is proper.

Filing Requirements

The Code of Civil Procedure section 1285.4 states in pertinent part…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)

          Here, a copy of the arbitration agreement between Defendant Bella+Canvas, LLC and Plaintiff Jane Maher (Maher) is attached to the Petition as Attachment 4(B). The agreement is signed by both parties. Further, the Petition provides that the parties entered into a written agreement on January 21, 2021 to arbitrate all employment-related disputes. (Petition § 4(a)-(c).) Moreover, the Petition states that the Honorable Jackson Lucky (Ret.) was the arbitrator for this matter. Additionally, a copy of the arbitration award and written opinion of the Honorable Jackson Lucky (Ret.) is attached as Attachment 8(C). Lastly, since the Petition is unopposed, Maher has not established any ground for vacating the arbitration award. As such, the Petition is in compliance with the filing requirements of the Code of Civil Procedure section 1285.4.

The Court therefore GRANTS Defendant Bella+Canvas, LLC’s Petition to Confirm Contractual Arbitration Award against Plaintiff Jane Maher.