Judge: Layne H. Melzer, Case: 2022-01253510, Date: 2022-09-08 Tentative Ruling

Pet. Bethany Services
Petition to Confirm Arbitration Award

The court now grants Bethany Services dba Bakersfield Homeless Center continued Petition to Confirm the Arbitration award entered in favor of Respondents Tracy Lanser and Chanell Brown in the amounts of $148,714.29 and $46,714.29, respectively, the claimants in an underinsured motorist arbitration.

The court previously continued this Petition twice before for service deficiencies. (ROA 24, 46) Petitioner has now properly personally served each Respondent with the Petition. (ROA 51, 53; See CCP §§ 1290.4 and 1293).

Respondents failed to appear or respond to the Petition.

Unless a petition to correct or vacate the award has been timely filed, the court must render a judgment confirming the arbitrator's award. [See CCP § 1286—“the court shall confirm the award as made …”; see also Valsan Partners Ltd. Partnership v. Calcor Space Facility, Inc. (1994) 25 CA4th 809, 818—no authority to alter terms of award absent petition to correct; Weinberg v. Safeco Ins. Co. (2004) 114 CA4th 1075, 1083-1084 (disapproved on other grounds by Barnett v. First Nat'l Ins. Co. of America (2010) 184 CA4th 1454, 1460-1461.)]

Here, the arbitration took place in Orange County via zoom with Judicate West before Arbitrator Ret. Honorable Frederick Aguirre.

A petition to confirm an arbitration award must:

a)    set forth the substance of or attach a copy of the arbitration agreement;

b)    set forth the name of the arbitrators; and

c)    set forth or attach a copy of the award and the written opinion of the arbitrators, if any. 

(CCP § 1285.4.)

This is all accomplished.

The party seeking judicial enforcement of a private arbitration award has the burden of proving the existence of the award as well as a valid arbitration agreement.  (Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1223.)  Allegations of the petition will be deemed admitted by the respondent unless a response is served and filed.  (CCP § 1290.)  This admission of factual allegations does not require a judge to grant an unopposed petition; instead, a judge has the power and duty to draw his or her own legal conclusions and confirm, correct, or vacate the award, or dismiss the petition, as appropriate.  (Taheri Law Group, A.P.C. v Sorokurs (2009) 176 Cal.App.4th 956, 962, 964–965.)

Petitioner has complied with these requirements. 

The Petition is therefore granted.