Judge: Kevin C. Brazile, Case: 22STCV29905, Date: 2025-04-17 Tentative Ruling

Hearing Date: April 17, 2025

Case Name: Jeong v. A-Ju Tours, Inc., et al.

Case No.: 20STCV33101

Matter: Motion to Confirm Arbitration Award

Moving Party: Defendants A-Ju Tours, Inc., Mutual Trans, Inc, Daniel Pyoung Bahk,

Helen Young Bahk, Henry H. Bahk, and Hanmi Bahk

Responding Party: Unopposed

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

The Court encourages all parties to appear remotely via LA CourtConnect.  If submitting on the Court's tentative ruling, please follow the instructions provided above.

Defendants A-Ju Tours, Inc., Mutual Trans, Inc, Daniel Pyoung Bahk, Helen Young Bahk, Henry H. Bahk, and Hanmi Bahk seek to confirm an arbitration award in their favor.

Code Civ. Proc. § 1285 provides in relevant part, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.”

Code Civ. Proc. § 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.”

Code Civ. Proc. § 1286 states, “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.”

“The trial court has but four courses of conduct once a confirmation proceeding is initiated: 1) to confirm, 2) to correct and confirm, 3) to vacate, 4) to dismiss, where a respondent is not a party to the award or is not bound by the arbitration agreement.” (United Bhd. of Carpenters etc., Loc. 642 v. Demello (1972) 22 Cal.App.3d 838, 840.)

The Motion to confirm arbitration award is granted because (1) moving parties have attached an applicable arbitration agreement, (2) the arbitrator has been identified as Gerald Rosenberg, and (3) the award is attached.

Moving party to give notice.