Judge: Layne H. Melzer, Case: 2022-01298277, Date: 2023-08-24 Tentative Ruling

Petitioner Richard Hunter

Motion to Compel Arbitration

Petitioner Richard Hunter’s (“Petitioner”) petition to confirm the arbitration award in his favor against respondents Jackson Long and North Shore Poke Co., Store 7, LLC (collectively, “Respondents”) is continued one final time to October 19, 2023 at 2:00 PM for Petitioner to serve Respondents with the petition and notice of hearing. 

The hearing on this petition has been continued three times to allow Petitioner an opportunity to properly serve the petition and notice of hearing on Respondents.  On 6/29/2023, the Court noted Petitioner filed a proof of service showing the petition was mailed to the counsel who represented Respondents at arbitration.  However, this does not comply with the Code of Civil Procedure.  The hearing was continued again to August 24, 2023 to give Petitioner another opportunity to properly serve the petition and notice of hearing on Respondents.  Petitioner was present at the 6/29/2023 hearing.  It appears the Clerk mailed a copy of the 6/29/2023 Minute Order to Petitioner on 8/15/2023.  Petitioner has not shown the petition or notice of hearing were properly served on Respondents in accordance with the Code of Civil Procedure.

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). 

A summons may be served on a corporation by personal delivery to the agent for service of process, the president, CEO or “other head of the corporation,” vice president, secretary, assistant secretary, treasurer, assistant treasurer, controller or CFO of the corporation.  Code Civ. Proc. § 416.10(a), (b).  Or substitute service may be made by leaving the summons and complaint with a personal apparently in charge and mailing a copy to the same address.  Code Civ. Proc. 415.20(a). 

Service on an individual is made by personal delivery to that person, or someone authorized to accept service of process on his behalf.  Code Civ. Proc. § 415.10.  Service on an individual can also be made by mailing the summons and complaint with notice of and acknowledgment to be returned by the individual.  Code Civ. Proc. §415.30.

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

Clerk to give notice.