Judge Latrice A. G. Byrdsong, Case Number: 23STCP01212, Date: 2023-10-02 Tentative Ruling

Judge: Latrice A. G. Byrdsong, Case: 23STCP01212, Date: 2023-10-02 Tentative Ruling

Case Number: 23STCP01212 Hearing Date: October 2, 2023 Dept: 25

Parker v. Barrera’s Landscape

23STCP01212

BACKGROUND

On February 28, 2023, Arbitrator David Schlueter, through the Contractors State License Board Arbitration Program, issued an arbitration award in the amount of $700 for Petitioner Doreen Parker (“Petitioner” or “Parker”) and against Respondent Barrera’s Landscape (“Respondent” or “Barrera’s”). (Pet. pp. 5-7; Pet. ¶¶ 6-8.)

On April 18, 2023, Petitioner, in propria persona, filed the instant Petition to Correct Contractual Arbitration Award (“Petition”) against Respondent. No proof of service has been filed.

On July 28, 2023, Petitioner requested a continuance due to medical reasons on the motion.

On August 22, 2023, this Court continued the hearing and ordered Petitioner to serve Respondent with the Notice of Petition, Petition, and other supporting papers. Petitioner was also ordered to file proof that Respondent has been served with the papers.

To date, Petitioner has not filed proof of serving Respondent with any of the aforementioned papers.

No opposition has been filed.

LEGAL STANDARD

“Any party to an arbitration award in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc. § 1285.) “A petition under this chapter shall: (1) 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. § 1285.4.) “A response to a petition under this chapter may request the court to dismiss the petition or to confirm, correct or vacate the award.” (Code Civ. Proc. § 1285.2.)

“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, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063-64.)

Moreover, Code of Civil Procedure § 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.” (Emphasis added.) 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)

Finally, Code of Civil Procedure § 1290.4, the statute governing proper service of this Petition 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.

DISCUSSION

Petitioner has satisfied the requirements of Code of Civil Procedure section 1285.4 by attaching the parties’ agreement to arbitrate, setting forth the arbitrator’s name (David Schlueter) and attaching a copy of Arbitrator Schlueter’s February 28, 2023, written order in Plaintiff’s favor. (See Arbitration Award.)

However, the Court notes that Petitioner has not filed proof that the Respondent has been served with the Notice of Petition and Petition.

The Court continues the hearing and orders Petitioner to serve Respondent with the Notice of Petition, Petition, and other supporting papers. Petitioner must also file proof that Respondent has been served with these papers.

IV. CONCLUSION & ORDER

For the foregoing reasons, the Hearing on Petition to Correct Contractual Arbitration Award scheduled for 10/2/2023 is continued to NOVEMBER 7, 2023 at 10:00 A.M. in Department 25 at Spring Street Courthouse.

At least sixteen (16) court days before the next scheduled hearing, Petitioner must serve Respondent with the Notice, Petition, and supporting papers, and file proof of service with the Court. Failure to do so may result in the Petition being placed off calendar or denied.