Judge: Lee W. Tsao, Case: 22NWCP00069, Date: 2023-05-24 Tentative Ruling

Case Number: 22NWCP00069    Hearing Date: May 24, 2023    Dept: C

Johnny calimlim v. judson ball et al.

CASE NO.:  22NWCP00069

HEARING:  5/24/23 @ 1:30 PM

#5

TENTATIVE RULING

Petitioner Johnny Calimlim, as Trustee of the Calimlim Family Trust Dated May 13, 2002’s petition to confirm arbitration award is granted in the amount of $10,432.50.

Moving Party to give NOTICE.

Background

CCP section 1290.4(a) requires the Petition and Notice of Hearing 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.” (CCP § 1290.4(a), (b).)  

The petition was filed on January 27, 2023. A proof of service filed with the petition reflects that the petition was served by mail service on January 12, 2023.

Service of the Arbitration Award 

CCP 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.” (CCP § 1283.6.)  

The petition provides that a written award was made January 12, 2023.  (Petition section 8.) A copy of the award is attached as Exhibit 8(c).  The award provides that Respondent pay $10,432.50 for his share of the cost to replace the driveway. The award attached is signed by arbitrator Craig Kamansky and was served on January 13, 2023. (Petition 9(b).) 

Confirmation of Arbitration Award 

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered.  (CCP § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) 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.  (CCP §§ 1288, 1288.4.)  

The arbitration award here was issued on January 12, 2023 and allegedly served on January 13, 2023.  Accordingly, Petitioner has timely sought confirmation of the arbitration award.   

On the merits, the court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding.  (CCP § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) CCP section 1285.4 states 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. 

c.            Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any. 

(CCP § 1285.4.)  

Here, the petition has the arbitration agreement attached as Exhibit 4(b). Second, the petition states that Craig Kamansky was the arbitrator for this matter. Third, the petition attaches the written award and opinion of the arbitrator as Exhibit 8(c). Notably, since the Petition is unopposed, Respondent has not established any ground for vacating the Award.

CONCLUSION 

Petitioner Johnny Calimlim, as Trustee of the Calimlim Family Trust Dated May 11, 2002’s petition to confirm arbitration award is granted in the amount of $10,432.50. Judgment shall be entered in favor of Petitioner and against Respondent in the amount of $10,432.50.