Judge: Katherine Chilton, Case: 22STCP01896, Date: 2022-09-21 Tentative Ruling
Case Number: 22STCP01896 Hearing Date: September 21, 2022 Dept: 25
PROCEEDINGS: PETITION
TO CONFIRM ARBITRATION AWARD
MOVING PARTY: Petitioner
Domestic Linen Supply Co., Inc.
RESP. PARTY: None
PETITION TO CONFIRM ARBITRATION AWARD
(CCP § 1285)
TENTATIVE RULING:
Petitioner Domestic Linen Supply Co., Inc.’s Petition to
Confirm Arbitration Award is CONTINUED
TO NOVEMBER 2, 2022 at 10:00 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) OK
[X]
Correct Address (CCP §§ 1013, 1013a) OK
[X]
16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK
OPPOSITION: None filed as of
September 19, 2022. [ ]
Late [X] None
REPLY: None filed as
of September 19, 2022. [ ]
Late [X] None
ANALYSIS:
I.
Background
On April 21, 2021, Arbitrator James W.
Coupe, through the American Arbitration Association, issued an arbitration
award in favor of Petitioner Domestic Linen Supply Co., Inc. (“Petitioner”) and
against Respondent El Ateno Tires, Inc.
(“Respondent”) in the amount of $8,718.85. (Pet. pp. 9-11; Attach. 8(c).)
On May 18, 2022, Petitioner filed the instant Petition to
Confirm Arbitration Award (“Petition”) against Respondent. 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.
(c) Set forth or have attached a copy
of the award and the written opinion of the arbitrators, if any.
Here, Petitioner has provided the name
of the individual arbitrating the dispute – Arbitrator James W. Coupe, through
the American Arbitration Association.
(Pet. p. 2 ¶ 6.) Petitioner has
also attached a copy of the Agreement that contains the arbitration provision
and the award and written opinion of the arbitrator. (Ibid. at pp. 5-7, 9-11; Attachs. 4(b),
8(c).)
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 not submitted
proof that the neutral served the parties with a copy of the award.
C. Service of the
Petition, and Notice of Hearing (Code Civ. Proc., §1290.4)
“(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.
On August 3, 2022, Petitioner
filed Proof of Service showing that the Petition was personally delivered to an
individual authorized to accept service on behalf of Respondent. However, Proof of Service does not indicate
that the Notice of Hearing was also served on Respondent.
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 Notice of Hearing on the Respondent.
In addition, Petitioner is seeking interest which was not awarded in the
Award Letter so Petitioner should provide the Court with support for this
request. Thus, the Court CONTINUES the
hearing on the Petition to allow Petitioner an opportunity to file and serve
the documents indicated.
IV.
Conclusion
& Order
For the foregoing reasons,
Petitioner Domestic Linen Supply Co., Inc.’s Petition to
Confirm Arbitration Award is CONTINUED
TO NOVEMBER 2, 2022 at 10:00 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.
Moving party is to give notice.