Judge: Kevin C. Brazile, Case: BC718047, Date: 2022-12-20 Tentative Ruling

Hearing Date: December 20, 2022

Case Name: Ketter Construction, Inc. v. Kim, et al.

Case No.: 20STCV49866

Matter: Petition to Confirm Arbitration Award

Moving Party: Plaintiff Ketter Construction, Inc.

Responding Party: Unopposed

Notice: OK

Ruling: The Petition is granted.

Plaintiff to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

Plaintiff Ketter Construction, Inc. seeks to confirm an arbitration award in its favor issued by the Hon. John P. Shook on August 16, 2022.

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 Court will confirm the subject arbitration award because (1) there is no opposition; (2) Plaintiff has attached the Hon. Shook’s award, which was rendered on August 16, 2022; and (3) this Court acknowledged that there was an agreement to arbitrate when it compelled arbitration of this matter.  

The Petition is granted.

Plaintiff to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.