Judge Kerry Bensinger, Case Number: 24STCP03890, Date: 2025-04-16 Tentative Ruling

On November 13, 2024, the Honorable Kirk H. Nakamura (Ret.) (the “Arbitrator”) issued a final arbitration award in favor of petitioner Boesch Law Group (“Petitioner”) and against respondent Sherrie B. Parker (“Parker”) in the principal sum of $320,851.81. The arbitration arose out of a dispute regarding unpaid legal fees. .

On January 29, 2025, Petitioner filed this Motion for Order to Confirm Arbitration Award against Parker.

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 pp. 1063-64.)¿

Petitioner seeks an order confirming the arbitration award issued on November 13, 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 the Arbitrator. (Pet., Ex. D.) Petitioner also submits a copy of the arbitration agreement between the parties. (Pet., Ex. A.) 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, Petitioner submits a letter showing the Final Award was served by JAMS on November 13, 2024. (Pet., Ex. E.) Petitioner filed a verified petition to confirm the award on December 2, 2024. The proof of service attached to the verified petition indicates Parker was served with the verified petition by certified mail on November 27, 2024. The motion 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.”

Here, Petitioner served Parker with a copy of the verified petition by certified mail on November 27, 2024. Petitioner served Parker with notice of hearing on January 29, 2025, by certified mail.¿ Petitioner demonstrates that the petition and notice of hearing were properly served.¿

Based on the foregoing, the unopposed motion for order to confirm the arbitration award is GRANTED.

Kerry Bensinger

Judge of the Superior Court