Judge: Loren G. Freestone, Case: 37-2023-00038442-CU-PA-CTL, Date: 2024-06-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - June 20, 2024

06/21/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Petition re: Arbitration Award Motion Hearing (Civil) 37-2023-00038442-CU-PA-CTL SWIFT FINANCIAL LLC VS MOCCSANDBOWS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Petitioner Swift Financial LLC petition to confirm arbitration award against Respondents Moccsandbows LLC and Caitlyn Strickland is GRANTED.

When one side files a petition to confirm the arbitration award, the other side must respond within 10 days. (Code Civ. Proc., § 1290.6.) If a response is not 'duly served and filed', then 'the allegations of a petition are deemed to be admitted by a respondent.' (Id. at § 1290.) 'The well delineated statutory scheme giving a party who opposes a petition to confirm only ten days to file a response spans several decades.' (Oaktree Capital Mgmt., L.P. v. Bernard (2010) 182 Cal.App.4th 60, 64–67.) The court has 'no authority' to consider an untimely response. (Rivera v. Shivers (2020) 54 Cal.App.5th 82, 93–94.) If a petition to confirm an arbitration award is duly served and filed, and no response is duly served and filed, 'the court shall confirm the award as made.' (See Code Civ. Proc., § 1286.) 'If an award is confirmed, judgment shall be entered in conformity therewith.' (Id. at § 1287.4.) Here, the petition was served via substitute service, which was deemed complete on March 21, 2024.

(ROA #15; Code Civ. Proc., § 415.20.) A response was therefore due by April 2, 2024. Respondents did not file an answer until April 4, 2024. There is no proof of service for the answer. The answer was therefore untimely and cannot be considered.

The answer also appears to have formatting errors and does not appear to include any substantive response to the petition. As such, even if the court could consider the answer, it does not provide a basis for denying the petition.

The petition is therefore granted. Swift is directed to submit a proposed judgment within 10 days.

Calendar No.: Event ID:  TENTATIVE RULINGS

3096976  43