Judge: Layne H. Melzer, Case: 2022-01291433, Date: 2023-05-18 Tentative Ruling

Petitioner Catanzarite Law Corporation

Petition to Confirm Arbitration Award

Petitioner Catanzarite Law Corporation’s Petition to Confirm Attorney-Client Fee Arbitration Award is continued to 06/20/23 at 2:00 PM in Department C12.

Petitioner requests a continuance so that it has sufficient time to serve notice of hearing and the supporting papers via overnight mail, with no signature required, on Respondent Vizma Sarnoff. Unless the arbitration agreement expressly requires personal service, the Court finds service by overnight mail, no signature required, is sufficient, because Respondent has previously been served by personal service in this action. (Code Civ. Proc., § 1290.4, subd. (a), (c).)

However, the Court has reviewed the Petition, which was drafted on form ADR-103, and determined that the form used does not meet the requirements of CCP section 1285.4. Although this matter involves an attorney-client fee dispute, the subject arbitration appears to have been conducted under an arbitration agreement, and not under the provisions of B&P Code section 6200 et seq. Accordingly, Petitioner is ordered to file an amended Petition utilizing the correct (optional) form—ADR-106—or via its own form that contains all the same information that would be found in ADR-106.

Petitioner must serve the amended petition, supporting papers and notice of the hearing on Respondent by 06/01/23, and file proof of service of the same by 06/16/23.

Petitioner shall give notice of the ruling.