TENTATIVE RULING

Petitioner Transom Consulting Group, LLC’s Petition to Confirm Contractual Arbitration Award is GRANTED in the amount of $98,311.18.

Petitioner Transom Consulting Group, LLC to give notice. 

REASONING

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc., § 1285.) “The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Ibid.) The petition must be filed and served no less than ten days and no more than four years after the award is served on the party seeking confirmation. (Code Civ. Proc., §§ 1288, 1288.4.) If a petition is not opposed after being duly filed and served on respondent, its allegations are deemed admitted. (Code Civ. Proc., § 1290.)

Until it is either confirmed or vacated, an arbitration award “has the same force and effect as a contract in writing between the parties to the arbitration.” (Code Civ. Proc., § 1287.6.) On the other hand, once confirmed, “judgment shall be entered in conformity therewith” with “the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification.” (Code Civ. Proc., § 1287.4.) Code of Civil Procedure section 1285.4 requires the petition to set forth (1) the substance of the arbitration agreement if a complete copy is not attached, (2) the names of the arbitrators, and (3) the arbitration award and the arbitrator’s opinion if a complete copy is not attached. Code of Civil Procedure section 1290.4, subdivision (a), provides that “[a] copy of the petition” to confirm arbitration award, “a written notice of the time and place for the hearing,” “and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement.” In the event that the arbitration agreement does not provide a method of service, the petition must be served pursuant to one of the methods set forth in Code of Civil Procedure section 1290.4, subdivision (b) or (c). 

Petitioner Transom Consulting Group, LLC (“Petitioner”) obtained a Final Award of Arbitrator on January 25, 2024, which required Respondent AHP, Inc. (“Respondent”) to pay Petitioner the amount of $50,000.00 plus interest of $40,047.18, attorney fees of $5,089.00, and costs of $3,175.00 for a total award of $98,311.18. Petitioner moves the Court to confirm the Final Award of Arbitrator, which also includes a statement that the award is in full resolution of all claims submitted in the arbitration. As an initial matter, the Court notes that Respondent did not file an opposition. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party to prevail on its motion, a party’s failure to file an opposition can be considered a concession that the motion is meritorious. (See Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Petitioner served a copy of the petition to confirm arbitration award by personal service and a written notice of the time and place for the hearing by mail; while the arbitration agreement does not provide the manner in which service shall be made, service by personal service was proper here. (See Code Civ. Proc., § 1290.4, subd. (c).) Petitioner has also provided a copy of the arbitration agreement (Pet. ¶ 4(b), Ex. 4(b); Code Civ. Proc., § 1285.4, subd. (a)), the name of the arbitrator (Pet. ¶ 6; Code Civ. Proc., § 1285.4, subd. (b)), and the Final Award of Arbitrator (Pet. ¶ 8(c), Ex. 8(c); Code Civ. Proc., § 1285.4, subd. (c)). Petitioner also served the present petition to confirm the arbitration award at least ten days and less than four years after service of a signed copy of the Final Award of Arbitrator dated January 25, 2024. (Code Civ. Proc., §§ 1288, 1288.4.)

Accordingly, Petitioner has fully satisfied the requirements for its petition to confirm the arbitration award. (Code Civ. Proc., § 1285, et. seq.) Thus, Petitioner Transom Consulting Group, LLC’s Petition to Confirm Contractual Arbitration Award is GRANTED in the amount of $98,311.18.