Judge: Latrice A. G. Byrdsong, Case: 23STCP04285, Date: 2024-04-29 Tentative Ruling

Case Number: 23STCP04285    Hearing Date: April 29, 2024    Dept: 25

Hearing Date:                          Monday, April 29, 2024 

Case Name:                             Butler Law, PC v. Kimberly McDuff (King)

Case No.:                                23STCP04285 

Motion:                                   Petition to Confirm Arbitration Award 

Moving Party:                         Petitioner Butler Law, PC    

Responding Party:                   None

Notice:                                     OK

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Tentative Ruling:                    GRANT Petition to Confirm Arbitration Award filed by Butler Law, PC.

 

Counsel for Petitioner is ordered to serve and electronically file a proposed form of Judgment - consistent with this Court's Ruling - within 10-days of this Court’s Order.

 

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BACKGROUND 

 

Petitioner Butler Law, PC (“Petitioner”) filed the instant petition to confirm attorney-client fee arbitration award issued by arbitrator S. Roger Rombro against Respondent Kimberly McDuff (“Respondent”).

 

On March 8, 2024, the Court continued the matter to April 29, 2024. 

 

No opposition has been filed as of April 24, 2024.

 

ANALYSIS 

 

I.          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.) “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.) 

 

II.        Discussion

 

A.     Filing Requirements (CCP § 1285.4) Satisfied

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.”

Here, Petitioner has satisfied the requirements of Code of Civil Procedure section 1285.4 by setting forth the substance of the parties’ agreement to arbitrate within the petition. (Pet., 2.) Petitioner sets forth the Arbitrator’s name, S. Roger Rombro, and attaches a copy of the Arbitrator’s award of $18,773.71 in Petitioner’s favor, signed and dated September 6, 2023. (Pet., 6; Attachment 6(c).) Respondent has not filed any response requesting the Court to dismiss the petition or to confirm, correct or vacate the award. Thus, the Court finds that Petitioner follows section 1285.4. 

B.     Service of the Arbitration Award & Timeliness of Petition (CCP §§ 1283.6, 1288, 1288.4) Satisfied

Code of Civil Procedure section 1283.6 states,“[t]he 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.” (Code Civ. Proc., § 1283.6.) Additionally, 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 on the petitioner. (Code Civ. Proc., §§ 1288, 1288.4.) 

Here, Petitioner has satisfied the requirement under section 1283.6 because it provides the Court with a copy of the proof of service from the Arbitrator that confirms that service was rendered on all parties on September 6, 2023. (Pet., 6; Attachment 6(c) POS.) Petitioner also satisfied the timeliness requirement under sections 1288 and 1288.4 because the petition was filed on November 22, 2023, which is more than 10 days, but less than four years, after the Award was served.

C.     Service of the Petition, and Notice of Hearing (CCP § 1290.4) Satisfied

Code of Civil Procedure, section 1290.4 states, in relevant 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, the Petitioner provides the Court with proofs of service, indicating that Respondent was served with a copy of the petition as well as other documents relevant to the petition and notice of the hearing. (12/12/23 POS; 3/26/24 POS.) Therefore, the Petitioner has satisfied section 1290.4.

CONCLUSION

 

Based on the foregoing, Petitioner’s unopposed Petition to Confirm Arbitration Award is GRANTED.

Counsel for the Petitioner is ordered to serve and electronically submit a proposed form of Judgment - consistent with this Court's Ruling - within 10-days of this Court’s order.

 

Moving party is ordered to give notice.