Judge: Katherine Chilton, Case: 20STLC02711, Date: 2023-04-05 Tentative Ruling

Case Number: 20STLC02711     Hearing Date: April 5, 2023    Dept: 25

PROCEEDINGS:      PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY:   Petitioners Robert Herod, et al.

RESP. PARTY:         None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP §§ 1285 et seq.; 685.010, et seq.)

TENTATIVE RULING:

The Petition to Confirm Arbitration Award, filed by Petitioners Robert Herod, et al. is CONTINUED to JUNE 6, 2023 at 10:00 A.M. in DEPARTMENT 25, SPRING STREET COURTHOUSE.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of April 3, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of April 3, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On March 23, 2020, Plaintiffs Robert Herod (“Robert”) and Rochelle L. Herod (“Rochelle”) filed an action against Planet Cars, Inc. d/b/a Cash or Finance Auto (“Planet Cars”), M&N Financing Corporation (“M&N”), and International Fidelity Insurance Company (“International Fidelity”) for (1) violation of Consumers Legal Remedies Act, Civil Code § 1750 et seq., (2) violation of California Business and Professions Code § 17200, et seq., Unlawful Acts or Practices, (3) Negligent Misrepresentation, (4) Claim Against Surety, and (5) Violation of Code of Civil Procedure § 1281.97 & 1281.99.

On June 1, 2020, Defendant Planet Cars filed an Answer to the Complaint.  On August 7, 2020, Defendant International Fidelity filed an Answer to the Complaint.

On October 22, 2020, the Court placed Plaintiffs’ Motion to Compel Arbitration, filed on April 2, 2020, off calendar, due to Plaintiffs’ failure to file a corrected proof of service.  (10-22-20 Minute Order.)  On November 20, 2020, Plaintiffs filed another Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, Request for Sanctions, and Request for Costs.  On June 21, 2021, the Court granted Plaintiffs’ Motion and stayed the proceedings pending arbitration in front of the AAA.  (6-21-21 Minute Order.)  The Court denied costs and sanctions.  (Ibid.)

On November 29, 2022, Plaintiffs (“Petitioners”) filed a Petition to Confirm Arbitration Award.  On December 6, 2022, Petitioners filed an Amended Notice and Petition to Confirm Arbitration Award (“Amended Petition”).  No opposition has been filed.

On February 15, 2023, the Court granted Counsel James S. Sifers’s Motion to Be Relieved as Counsel as to Defendant Planet Cars, Inc.  (2-15-23 Minute Order; 2-15-23 Order.)

On March 7, 2023, the Court, pursuant to Petitioners’ request, dismissed Respondent M&N Financing Corporation with prejudice.  (3-7-23 Request for Dismissal.)  On March 30, 2023, Petitioners filed a Motion to Set Aside Dismissal of Respondent M&N based on attorney’s “inadvertence, surprise, mistake, or excusable neglect.”  (Mot. to Set Aside, pp. 1-2.)

II.              Legal Standard

Once arbitration is concluded, “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.).   Any of the parties may file a petition with the court, which must then “confirm the award, correct and confirm it, vacate it, or dismiss the petition.”  (Code¿of¿Civil¿Proc.¿§§¿1285, 1286; 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.)

III.            Discussion

Petitioners request a Court order confirming the arbitration award issued by arbitrator Jonathan E. Cohn, on October 7, 2022, in arbitration between Petitioners Robert and Rochelle Herod and Respondents Planet Cars and M&N Financing.  (Amended Pet. pp. 1-2.)

The Court notes that on March 7, 2023, pursuant to Petitioners’ request, the Court dismissed Respondent M&N with prejudice.  (3-7-23 Request for Dismissal.)  Petitioners filed a Motion to Set Aside Dismissal of M&N, scheduled for hearing for June 1, 2023.

The Court continues the hearing on the Petition as Respondent M&N has been dismissed from the case and the Court does not have jurisdiction to make a ruling on the Petition as to Respondent M&N.  A hearing on the Petition will be held after the Court makes a ruling on Petitioners’ Motion to Set Aside Dismissal of Respondent M&N.

IV.           Conclusion & Order

For the foregoing reasons,

The Petition to Confirm Arbitration Award, filed by Petitioners Robert Herod, et al. is CONTINUED to JUNE 6, 2023 at 10:00 A.M. in DEPARTMENT 25, SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.