Judge: Layne H. Melzer, Case: 2022-01263431, Date: 2022-08-25 Tentative Ruling

Pltf. Pasadena Oaks Life Properties, Llc
Petition to Confirm Arbitration Award

The unopposed petition by Petitioner Pasadena Oaks Properties, LLC (“Petitioner”) for confirmation of an arbitration award issued on 9/23/2021 against Jokake Construction Services, Inc. (“Jokake”) and Metal-Weld Specialties, Inc. (“Metal-Weld”) (collectively, “Respondents”) is granted.  The arbitration award awarded Petitioner a total of $988,198.23 against Jokake, which included $49,343 in prejudgment interest from 2/12/2020 to 10/12/2021, with daily interest of $81.11 after 10/12/2021 until judgment is rendered or the award paid, $58,559.23 in costs, and attorneys’ fees in the amount of $584,236.  Jokake was awarded nothing on its claims against Petitioner and awarded $1,021,237.08 against Metal-Weld.

A petition to confirm an arbitration award must be filed within four years from the date of service of a signed copy of the arbitration award upon the petitioner and at least 10 days after service of the award upon the petitioner.  (Code Civ. Proc., §§ 1288, 1288.4.) 

Petitioner filed this Petition on 6/3/2022 - more than 10 days after issuance and service of the award on 9/23/2021 but within four years.  Petitioner properly served the petition and notice of hearing on Respondents.  (Code Civ. Proc., §§ 1290.2 and 1290.4.)

A petition to confirm an arbitration award must

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

- set forth the name of the arbitrators; and

- set forth or attach a copy of the award and the written opinion of the arbitrators, if any.  (Code Civ. Proc., § 1285.4.)

The Petition meets these requirements. The allegations of the Petition are deemed admitted in the absence of a response.  (Code Civ. Proc., § 1209.)  There has been no response.

“If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made . . . unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (Code Civ. Proc., § 1286.)  If an award is confirmed, “judgment shall be entered in conformity therewith.”  (Code Civ. Proc., § 1287.4.)

Petitioner shall submit a proposed judgment.  (Civ. Code, §§ 3287 and 3289; Tenzera, Inc. v. Osterman (2012) 205 Cal.App.4th 16, 21; County of Solano v. Lionsgate Corp. (2005) 126 Cal.App.4th 741, 753.)

Petitioner shall give notice.