Judge: Layne H. Melzer, Case: 2023-01304952, Date: 2023-05-25 Tentative Ruling

Petitioner Forward Financing LLC
Petition to Compel Arbitration

Generally, a petition must name as respondents all parties to the arbitration and may name as respondents any other person bound by the arbitration award. (CCP § 1285.)

Of particular relevance here are sections 1290.4 and 1293. Section 1290.4, subdivision (a) requires that “ [a] copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.” (Italics added.) Subdivision (b) provides that if an arbitration agreement “does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding,” a person in California shall be served “in the manner provided by law for the service of summons in an action.” (Rockefeller Technology Investments (Asia) VII v. Changzhou SinoType Technology Co., Ltd. (2020) 9 Cal.5th 125, 142.)

Here, there is no appearance by Respondent.

Petitioner has not filed a proof of service showing timely and proper notice of this hearing.

Further, a petition to confirm an arbitration award must:

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

b)    set forth the name of the arbitrators; and

c)    set forth or attach a copy of the award and the written opinion of the arbitrators, if any. 

(CCP § 1285.4.)

Here, Petitioner has not provided a copy of the written opinion and modification thereto. The court needs these documents to grant the Petition.

Thus, the Petition is continued to June 29 at 2PM. Petitioner is ordered to properly and timely serve Respondent(s) and ensure all required documents are filed.

Petitioner is ordered to serve notice of this ruling.