Judge: Layne H. Melzer, Case: 2022-01298277, Date: 2023-05-25 Tentative Ruling

Petitioner Richard Hunter
Motion to Compel Arbitration

Petitioner Richard Hunter’s petition to confirm the arbitration award in his favor against respondents Jackson Long and North Shore Poke Co., Store 7, LLC is continued to June 29 at 2PM for Petitioner to serve Respondents with the petition and notice of hearing.  This is the last continuance that will be provided for Petitioner to make the required service and notice.

The petition and notice of hearing must be served at least 10 days before the hearing.  Code Civ. Proc. § 1290.2.  Where the arbitration agreement does not provide the manner in which service shall be made and the person on whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with section 1290.4(a) of the Code of Civil Procedure, for service in California the petition and notice of hearing must be served in a manner provided by law for the service of summons in an action.  Code Civ. Proc. § 1290.4(b). 

Proof of service must be filed five court days before the hearing.  CRC 3.1300(c). 

Here, there is no evidence that the petition and notice of hearing were served on Respondents.  There is no proof of service and Respondents have not appeared.

Clerk to give notice.