Judge Lee W. Tsao, Case Number: 21NWCV00009, Date: 2024-10-30 Tentative Ruling

Judge: Lee W. Tsao, Case: 21NWCV00009, Date: 2024-10-30 Tentative Ruling

Case Number: 21NWCV00009 Hearing Date: October 30, 2024 Dept: C

HERNANDEZ V. SOUTHLAND BOX COMPANY

CASE NO.: 21NWCV00009

HEARING: 10/30/2024

TENTATIVE ORDER

The hearing on the Petition is CONTINUED to March 13, 2025 at 9:30 a.m. in Department SE-C.

Moving party to give notice.

On January 8, 2021, Plaintiff Jose Hernandez (“Plaintiff” or “Respondent”) filed this action against Southland Box Company (“Defendant” or “Petitioner”). The Complaint alleges multiple Labor Code violations and seeks penalties pursuant to the Private Attorney General Act (PAGA).

On October 4, 2022, this Court granted Defendant’s motion to compel arbitration as to Plaintiff’s individual claims and stayed Plaintiff’s representative claims.

On May 23, 2023, Plaintiff submitted the arbitration demand to the American Arbitration Association. The arbitration took place on March 19, 2024. On May 22, 2023, the arbitrator issued a final award in favor of Defendant on all causes of action. Defendant, as the prevailing party, was awarded costs in the amount of $7,011.30.

On September 10, 2024, Defendant filed this Petition to Confirm the Arbitration Award. On September 30, 2024, Defendant filed a notice of non-opposition.

Service of the Arbitration Award

Code of Civil Procedure section 1283.6 requires that “[t]he neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement.”

The Court finds the Petition contains no indication that the arbitrator served a copy of the final award personally or by registered or certified mail to the parties. Attachment 9(a) of the Petition merely indicates that the signed copy of the award was transmitted by an AAA representative via email on March 22, 2024. The Court thus finds the service requirement for the arbitration award has not been met.

Service of the Petition and Notice of Hearing

Code of Civil Procedure section 1290.4, subdivisions (a) and (b) require the “copy of the petition and a written notice of the time and place of the hearing thereof” to be served on Respondent “in the manner provided in the arbitration agreement for the service of such petition and notice” or “[i]f the arbitration agreement does not provide the manner in which such service shall be made . . . [s]ervice within this State shall be made in the manner provided by law for the service of summons in an action.”

The Court notes that the arbitration agreement does not provide the manner in which service of a petition or notice of hearing shall be made. Thus, service shall be made in the manner provided by law for the service of summons. The Court finds Petitioner filed the Petition with proof of service. Service of the petition was via electronic service. Electronic service does not comport with requirements for service of summons, and thus, the service requirement has not been met. Further, no written notice of the hearing was attached to the Petition or filed with the Court. The Court thus finds the notice of hearing and service requirements for the Petition has not been met.

Timeliness

A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years, after the award is served. (Code Civ. Proc. §§ 1288, 1288.4.)

The Petition was filed and served on September 10, 2024, which was more than 10 days but less than four years after the final arbitration decision on March 22, 2024. The Petition is thus timely.

Merits

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (Code Civ. Proc. § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) On the merits, the court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (Code Civ. Proc. § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.)

Code of Civil Procedure section 1285.4 states that a petition under this chapter shall:

(a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement;

(b) Set forth the names of the arbitrators; and

(CCP § 1285.4.)¿¿

The Court finds all requirements for the Petition have been met. The agreement to arbitrate, signed by Respondent, is attached to the Petition. (Petition, Attachment 4(b).) The Petition states the name of the arbitrator as David G. Freedman, Esq. (Petition, ¶ 6.) The copy of the final award and the arbitrator’s written opinion is attached to the Petition. (Petition, Attachment 8(c).)

While the requirements for the Petition have been met, the Court finds neither the Petition nor the final arbitration award were served in the proper manner. The Court also finds Petitioner failed to provide adequate notice of this hearing. For the forgoing reasons, the hearing on the Petition is CONTINUED to March 13, 2025 at 9:30 a.m. in Department SE-C. Petitioner is ordered to file a notice of hearing and proof of service of the Petition within 30 days.