Judge: Layne H. Melzer, Case: 2023-01328038, Date: 2023-08-24 Tentative Ruling

Petitioner Treadwell Tires, LLC

Petition to Confirm Arbitration Award

Petitioner Treadwell Tires, LLC’s unopposed Petition to confirm the arbitration award entered against Respondent Tecko Holdings, LLC is granted.

A petition to confirm an arbitration award must be served and filed at least 10 days, and no later than 4 years, after service of the award on the petitioner. (Code Civ. Proc. §§ 1288, 1288.4.) If a petition to confirm is duly filed, and unless the arbitration award is corrected or vacated, “the court shall confirm the award as made.” (Code Civ. Proc. § 1286.)

The petition shall (1) set forth the substance of the arbitration agreement or attach a copy thereof, (2) set forth the name of the arbitrator(s), and (3) set forth or attach a copy of the award and the written opinion of the arbitrator(s), if any. (Code Civ. Proc. § 1285.4.) “If an award is confirmed, judgment shall be entered in conformity therewith.” (Code Civ. Proc. § 1287.4.)

The Petition is timely.  The award is dated 4/28/23, and the petition was filed and served more than 10 days but less than 4 years later, on 5/9/23.

Petitioner has complied with Code Civ. Proc. § 1285.4, by including a copy of the arbitration agreement, stating the name of the arbitrator (Gayle Eskridge of the American Arbitration Association), and including a copy of the arbitration award. (Petition, Exs. 4(b) and 8(c).)

Petitioner is ordered to give notice.