Judge Kerry Bensinger, Case Number: 22STCV19793, Date: 2024-06-26 Tentative Ruling

On June 17, 2022, Plaintiff Cox Law Group, APC, filed this action against Defendant Hanson Kelvin Hsu for Defendant’s failure to pay attorney’s fees incurred in an underlying conservatorship matter. On August 26, 2022, Plaintiff was served with a letter from the Long Beach Bar Association indicating that Defendant had filed a request for nonbinding arbitration with the association August 15, 2022. The matter proceeded in arbitration before Arbitrators Toby J. Rothschild, Norma Ann Dawson, and Evelyn Perl (the “Arbitrators”).

On March 19, 2024, the Arbitrators issued an arbitration award in favor of Plaintiff and against Defendant in the principal sum of $28,670.47.

On May 17, 2024, Plaintiff filed this Petition to Confirm Attorney-Client Fee Arbitration Award (the “Petition”) against Defendant. On the same day, Plaintiff filed a Notice of Hearing on its Petition. Plaintiff seeks a judgment of $28,670.47, interest at 10% per annum, attorney fees in the sum of $9,405.00 pursuant to Business & Professions Code section 6203, and costs in the amount of $60.00.

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 Civ. 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.)¿

Plaintiff seeks an order confirming the arbitration award issued on March 19, 2024, and awarding attorney fees and costs.

An arbitrator’s award is enforceable only after being confirmed by a court of law. (O’Hare, 107 Cal.App.4th at p. 278.)¿ “An award that has not been confirmed or vacated has the same force and effect as a contract in writing between the parties to the arbitration.”¿ (Code Civ. Proc., § 1287.6.)¿ Thus, the court must first evaluate and confirm the initial arbitration award.¿

Code of Civil Procedure section 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.

c. Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

Here, Plaintiff submits the written Statement of Decision and Award issued by the Arbitrators. (Pet., Attachment 6(c).) Plaintiff also submits a copy of the Notice of Attorney Responsibility and Request for Arbitration of a Fee Dispute with the Long Beach Bar Association’s Mandatory Fee Arbitration Program. (Hoang Decl., Ex. 4.) Plaintiff has satisfied the filing requirements.

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

Code of Civil Procedure section 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.”¿ 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, Plaintiff submits proof of service showing the Final Award was served by the Arbitrators by mail on March 20, 2024. (Pet., Attachment 6(c).) This Petition followed on May 17, 2024. The Petition is timely.

Code of Civil Procedure section 1290.4, the statute governing proper service of this motion 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.¿

Service by mail of a petition to vacate an arbitration award issued under the Mandatory Fee Arbitration Act is proper only if the responding party has appeared with “the court in which the action is pending, ...” (Bus. & Prof. Code, § 6203, subd. (b).)

Here, Plaintiff served Defendant with a copy of this Petition and notice of Petition on February 22, 2024, by first-class mail, in a pending action. Further, Defendant appeared in this action by filing an Answer on August 24, 2022. Plaintiff demonstrates that the Petition was properly served.

Based on the foregoing, the unopposed Petition to Confirm Attorney-Client Fee Arbitration Award is GRANTED.

Kerry Bensinger

Judge of the Superior Court