Judge: Layne H. Melzer, Case: 2022-01263244, Date: 2022-12-07 Tentative Ruling

Petitioner Forward Financing, LLC

Motion - Other (Petition to Confirm Contractual Arbitration Award)

 

Petitioner Forward Financing, LLC’s Petition to confirm the arbitration award entered against Respondent Parts & Maintenance Worldwide, LLC dba Aero-Parts Express is granted.

 

A petition to confirm an arbitration award must be served and filed at least 10 days, and no later than 4 years, after service of the award on the petitioner. (Code Civ. Proc. §§ 1288, 1288.4.) If a petition to confirm is duly filed, and unless the arbitration award is corrected or vacated, “the court shall confirm the award as made.” (Code Civ. Proc. § 1286.)

 

The petition shall (1) set forth the substance of the arbitration agreement or attach a copy thereof, (2) set forth the name of the arbitrator(s), and (3) set forth or attach a copy of the award and the written opinion of the arbitrator(s), if any. (Code Civ. Proc. § 1285.4.) “If an award is confirmed, judgment shall be entered in conformity therewith.” (Code Civ. Proc. § 1287.4.)

 

The Petition is timely.  The award is dated 12/21/21, and the petition was filed and served more than 10 days but less than 4 years later, on 6/3/22.

 

Petitioner has complied with Code Civ. Proc. § 1285.4, by including a copy of the arbitration agreement, stating the name of the arbitrator (Jonathan W. Finch), and including a copy of the arbitration award. (Petition, Exs. 4(b) and 8(c).)

 

Petitioner is ordered to give notice.