Judge: Kerry Bensinger, Case: 23STCP02492, Date: 2023-11-09 Tentative Ruling

Case Number: 23STCP02492    Hearing Date: November 9, 2023    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     November 9, 2023                             TRIAL DATE:  N/A

CASE:                                Sheppard, Mullin, Richter & Hampton LLP v. Entoro Capital, LLC

CASE NO.:                 23STCP02492

PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

MOVING PARTY:               Petitioner Sheppard, Mullin, Richter & Hampton LLP

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            This case concerns an attorney-client fee dispute.  Respondent, Entoro Capital, LLC failed to pay legal fees and costs to Petitioner, Sheppard, Mullin, Richter & Hampton, LLP.  Respondent was served with notice of its right to fee arbitration, but Respondent did not elect to participate in fee arbitration.  As a result, on January 24, 2022, Petitioner, filed a Demand for Arbitration with JAMS.

            On April 12, 2023, the JAMS arbitrator entered a final award against Respondent in the amount of $269,423.90.  On the same day, the arbitrator served a signed copy of the final arbitration award on Respondent.  

            On July 18, 2023, Petitioner filed this Petition to Confirm the Contractual Arbitration Award.  Petitioner requests that the Court confirm the award of $269,423.90 plus interest and costs of suit.

            The Petition is unopposed.

II.        LEGAL STANDARD

            “Any party to an arbitration award in which an award has been made may petition the court to confirm, correct, or vacate the award.” (Code Civ. Proc., § 1285.) “A petition under this chapter shall: (1) 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.) “A response to a petition under this chapter may request the court to dismiss the petition or to confirm, correct or vacate the award.” (Code Civ. Proc., § 1285.2.) 

            A petition to confirm an arbitration award must set forth the substance of or attach the arbitration agreement, include the name of the arbitrator, and attach a copy of the award and the written opinion of the arbitrator, if any. (Code Civ. Proc., § 1285.4.) The petition must be served no earlier than 10 days, but no later than 4 years, after service of the award on the petitioner. (Code Civ. Proc., §§ 1288, 1288.4.) The petition, written notice of the time and place of the hearing on the petition, and any other papers upon which the petition is based must be served in the manner provided in the arbitration agreement for service of such petition and notice. (Code Civ. Proc., § 1290.4, subd. (a).)  

III.      DISCUSSION

            “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 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.) 

            Petitioner has complied with the Code of Civil Procedure section 1285.4.  That is, the Petition includes a copy of the Engagement Letter between Petitioner and Respondent.  The Letter contains an arbitration agreement. Petitioner has also identified the arbitrator: Hon. Linda L Miller (Ret.).  Last, the Petition includes a copy of the signed award and written opinion of the arbitrator.  Respondent, for its part, has not opposed the Petition. However, Petitioner’s counsel has not provided any interest calculations or support for the costs incurred.

IV.       CONCLUSION 

Accordingly, the Court GRANTS the unopposed Petition and confirms the arbitration award of $269,423.90.

Petitioner to give notice. 

Dated:   November 9, 2023                                      ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court