Judge: Kevin C. Brazile, Case: BC674357, Date: 2024-11-07 Tentative Ruling

Hearing Date: November 7, 2024

Case Name: CNA National Warranty Corp. v. RHN Inc., et al.

Case No.: 24STCP02115

Matter: Petition to Confirm Arbitration Award

Moving Party: Petitioner CNA National Warranty Corp. 

Responding Party: Unopposed

Notice: OK

Ruling: The Petition is granted.

Petitioner to give notice.

On June 18, 2024, Judge Ronald E. Cox (Ret.), Judge Brian C. Walsh (Ret.), and Justice Michael Massengale (former) issued an arbitration award in favor of Petitioner CNA National Warranty Corp. 

Petitioner now seeks to confirm this award.

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.)

No opposition was filed.

The Petition to Confirm Award is granted because (1) Petitioner has attached the applicable arbitration agreement, (2) the arbitrators have been identified, and (3) the award has been attached.

Petitioner to give notice.