Judge Katherine Chilton, Case 22STCP01496 2022-09-26 Tentative Ruling

Judge: Katherine Chilton, Case: 22STCP01496, Date: 2022-09-26 Tentative Ruling

Case Number: 22STCP01496 Hearing Date: September 26, 2022 Dept: 25

PROCEEDINGS: PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioner Gursey Schneider LLP

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Gursey Schneider LLP’s Petition to Confirm Arbitration Award is CONTINUED TO NOVEMBER 2, 2022 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. Petitioner is ordered to file supplemental papers addressing the issues discussed herein at least 16 court days before the next scheduled hearing. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) NOT OK

[X] Correct Address (CCP §§ 1013, 1013a) NOT OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NOT OK

OPPOSITION: None filed as of September 21, 2022. [ ] Late [X] None

REPLY: None filed as of September 21, 2022. [ ] Late [X] None

ANALYSIS:

I. Background

On November 16, 2021, Arbitrator Richard R. Mainland, through the American Arbitration Association, issued an arbitration award in favor of Petitioner Gursey Schneider LLP (“Petitioner”) and against Respondent Derek Brown (“Respondent”) for a total amount of $17,869.75. (Pet. pp. 13-18; Exs. B-C.)

On April 25, 2022, Petitioner filed the instant Petition to Confirm Arbitration Award (“Petition”) against Respondent and Declaration of Counsel Wright in support of a request for Attorney’s Fees.

On August 19, 2022, the Court continued the hearing on the Petition to September 14, 2022, and on September 6, 2022, it continued the hearing on the Petition to September 26, 2022. (8-19-22 Minute Order; 9-6-22 Minute Order.) Petitioner served notices of continuance on Defendant. (9-8-22 Notice; 9-19-22 Notice.)

No opposition has been filed.

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

A. Filing Requirements (CCP § 1285.4)

Code of Civil Procedure, § 1285.4 states: “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.

Here, Petitioner has provided the name of the individual arbitrating the dispute –Arbitrator Richard R. Mainland, through the American Arbitration Association. (Pet. pp. 13-18; Exs. B-C.) Petitioner has also attached a copy of the Engagement Agreement that contains the arbitration provision and the award and written opinion of the arbitrator. (Ibid.; Kramer Decl. ¶ 2, Pet pp. 7-12, Ex. A.)

B. Service of the Arbitration Award & Timeliness of Petition (CCP §§ 1283.6, 1288, 1288.4)

Code of Civil Procedure § 1283.6 provides that: “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.” (Emphasis added.) In addition, 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.)

Here, Petitioner has submitted the Final Award letters, but it has not submitted proof that the neutral arbitrator served the parties with a copy of the award. (Pet. pp. 13-18; Exs. B-C.)

C. Service of the Petition, and Notice of Hearing (Code Civ. Proc., §1290.4)

Code of Civil Procedure § 1290.4, the statute governing proper service of this Petition states, in pertinent part:

“(a) 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.

(b) 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: ¶ (1) Service within this State shall be made in the manner provided by law for the service of summons in an action.

The arbitration provision of the Engagement Agreement states that “any petition to confirm an arbitration award may be seved by mail at the last known address and that no personal service will be requried.” (Pet. p. 11.) On August 22, 2022, Petitioner filed Proof of Service showing that the Proposed Order and Proposed Judgment were served on the Respondent via mail. In addition, the Notice of the hearing and subsequent continuances have also been served on the Respondent. However, there is no indication that the Petition itself has been served.

The Court finds that Petitioner has not filed proof that the neutral arbitrator served a copy of the award on both parties. Furthemore, Petitioner did not serve the Petition on the Respondent.

Thus, the Court CONTINUES the hearing on the Petition to allow Petitioner an opportunity to file and serve the documents indicated. Petitioner’s request for attorney’s fees will be addressed upon the filing of these documents.

IV. Conclusion & Order

For the foregoing reasons,

Moving party is ordered to give notice.