Judge Kerry Bensinger, Case Number: 24STCP03295, Date: 2025-02-26 Tentative Ruling

On September 27, 2024, arbitrator Hon. David A. Thompson (Ret.) (“Arbitrator Thompson”) issued an arbitration award in favor of petitioner Larson LLP (“Petitioner”) and against respondent Charlotte Biggs (“Biggs”) in the principal sum of $1,781,735.55 and $112,833.60 in prejudgment interest. The arbitration arose out of a dispute regarding unpaid fees for legal services rendered by Petitioner to Biggs.

On October 14, 2024, Petitioner filed this Petition to Confirm Contractual Arbitration Award against Biggs.

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.)¿

Petitioner seeks an order confirming the arbitration award issued in its favor on September 27, 2024.

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, Petitioner submits the written Final Award issued by Arbitrator Thompson. (Pet., Ex. 8(c).) Petitioners also submit a copy of the arbitration agreement between the parties. (Pet., Ex. 4(b).) Petitioner 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, the court cannot tell if this motion is timely. Petitioner submits the Final Award which was issued on September 27, 2024. (Pet., Ex. 8(c).) But, there is no proof of service, let alone any evidence that Arbitrator Thompson served a signed copy of the award to each party of the arbitration personally or by registered or certified mail or as provided in the agreement. For this reason, the court will continue the motion.

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.”

Here, Petitioner served Biggs with a copy of the petition on November 6, 2024, by substituted service. (See Amended Proof of Service of Summons, dated 01/03/25.) However, Petitioner served the notice of hearing on November 27, 2024, by email service and FedEx.¿ (See Notice of Hearing, Proof of Service, dated 11/27/25.) The arbitration agreement does not provide the manner of service. (See Pet., Ex. 4(b).) Accordingly, Petitioner should have served the notice of hearing in the manner provided by law for the service of summons. Petitioner does not demonstrate that the notice of hearing was properly served.¿

Based on the foregoing, the motion to confirm the contractual arbitration award is CONTINUED to April 4, 2025. Petitioner is directed file proof of service of the final arbitration award that complies with Code of Civil Procedure¿§ 1283.6. Petitioner is also directed to serve the notice of hearing that complies with Code of Civil Procedure¿§ 1290.4, and to file with the court proof of service of the notice of hearing.

Kerry Bensinger

Judge of the Superior Court