Judge Lee W. Tsao, Case Number: 21NWCV00847, Date: 2023-10-11 Tentative Ruling

Judge: Lee W. Tsao, Case: 21NWCV00847, Date: 2023-10-11 Tentative Ruling

Case Number: 21NWCV00847 Hearing Date: October 11, 2023 Dept: C

Caliber Construction v. villalobos

CASE NO.: 21NWCV00847

HEARING: 10/11/23 @ 10:30 AM

Plaintiff’s Petition to Confirm the Arbitration Award is GRANTED.

Moving Party to give NOTICE.

Plaintiff Caliber Construction and Restoration, Inc. (Plaintiff) moves for an order confirming contractual arbitration award.

Background

Plaintiff filed a Complaint against Defendant Aaron Villalobos (Defendant) for breach of contract alleging that Defendant failed to pay the balance due on its contract for improvements to Defendant’s property. The contract included a mechanics lien on the property.

Legal Standard

A petition to confirm an arbitration award must set forth the substance of or attach the arbitration agreement, include the name of the arbitrator, and attach a copy of the award and the written opinion of the arbitrator, if any. (Code Civ. Proc., § 1285.4.) The petition must be served no earlier than 10 days, but no later than 4 years, after service of the award on the petitioner. (Code Civ. Proc., §§ 1288, 1288.4.) The petition, written notice of the time and place of the hearing on the petition, and any other papers upon which the petition is based must be served in the manner provided in the arbitration agreement for service of such petition and notice. (CCP § 1290.4(a).)

Discussion

Here, Plaintiff’s Petition meets all the procedural requirements. Plaintiff attached the contract with the arbitration agreement, states that Retired Judge Craig S. Kamansky was the arbitrator, and attached the Arbitration Award and Amended Award. The Petition was served on September 14, 2023, which is more than 10 days after service of the amended award on August 30, 2023 and less than 4 years from that date. Additionally, the Amended Arbitration Award includes the correct date for the interest calculation. The Award calculated interest from October 23, 2021 to July 6, 2023, however, the correct end date is July 6, 2021. Finally, the mechanics lien included in the Arbitrator’s Award is approved. Thus, Plaintiff’s Petition for confirmation of the Amended Arbitration Award filed with this Court on August 30, 2023 and attached to this Petition is granted, with the above amendment as to the date for the interest calculation.

Accordingly, Plaintiff’s Petition to Confirm the Arbitration Award is GRANTED, with the above amendment.