Judge: Latrice A. G. Byrdsong, Case: 23STCP01874, Date: 2023-10-03 Tentative Ruling
Case Number: 23STCP01874 Hearing Date: October 3, 2023 Dept: 25
Keith
Simpson v. Sharon Valk
23STCP01874
ANALYSIS:
I.
Background
On April 6, 2023, arbitrator Tamila C. Jenson (the
“Arbitrator”) issued an arbitration award awarding Petitioner Keith Simpson
(“Petitioner”) damages of $14,643.21 to be paid by Respondent Sharon Valk. (“Respondent”).
Petitioner filed the instant Petition for an Order
Confirming Arbitration Award (the “Petition”) on May 30, 2023.
II.
Legal
Standard
“Regardless of
the particular relief granted, 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.) “Once
a petition to confirm an award is filed,
the superior court must select one of only four courses of action: it may
confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (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 p. 1063-64.)
III.
Discussion
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.
(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.”
Petitioner and Respondent entered
into a written fee agreement regarding legal services in connection with a
petition for dissolution of marriage. However, Petitioner does not set forth
the substance of the agreement to arbitrate or attach a copy of the agreement
or deny the existence of an agreement. On January 23, 2023, the parties agreed
to arbitrate their dispute with the Arbitrator. (Pet., Attachment 1.) The
Petition sets forth the name of the Arbitrator and attaches a copy of the final
arbitration award and her written opinion. (Pet., ¶2.) Thus, the filing
requirements of Section 1285.4 have not been satisfied.
B. Service of the Petition and Notice of Hearing (Code Civ. Proc., § 1290.4.)
Code of Civil Procedure, section 1290.4 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.
(2) Service outside this State shall be made by mailing
the copy of the petition and notice of hearing and other papers by registered
or certified mail. Personal service is the equivalent of such service by mail.
Proof of service by mail shall be made by affidavit showing such mailing
together with the return receipt of the United States Post Office bearing the
signature of the person on whom service was made…”
Here, it is unclear
whether a written agreement to arbitrate exists. The Petition and Notice of Hearing
were mailed to Respondent at a California address. (04/11/2023 Proof of
Service.) As Respondent was served in California, it must be served in the same manner as service of process. Service of a summons may be
accomplished by personal service, by substitute service, by mail with
acknowledgment of receipt, or by publication. (Code Civ. Proc., § 415.10, et
seq.)
The Proof of service indicates the Fee Arbitration Findings, and Notice
of Your Rights after Arbitration were served on Respondent via first class
mail. (04/11/2023 Proof of Service.) On May 30, 2023, Petitioner filed the
Petition and Notice of Hearing. Although service by acknowledgment and receipt
is permitted by Code of Civil Procedure section 415.30, Petitioners did not
file an executed acknowledgment of receipt from Respondent. Thus, Petitioners did not demonstrate proper
service via mail and acknowledgment.
The service requirements of Section 1290.4 have not been satisfied.
C. 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, the arbitration award does not
include a proof of service or any other indication demonstrating the neutral
arbitrator herself properly served a copy of the award on the parties. Thus, Petitioner
has not satisfied the requirements of Sections 1283.6, 1288, or 1288.4.
IV.
Conclusion
& Order
For the foregoing reasons, Petitioner Keith
Simpson’s Petition to Confirm Contractual Arbitration Award is CONTINUED TO
_____ at _____ a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least
16 court days before the next scheduled hearing, Petitioners must file and
serve supplemental papers addressing the issues noted herein. Failure to do so
may result in the Petition being placed off calendar or denied.
Moving party is ordered to give
notice.