Judge: Lynette Gridiron Winston, Case: 24PSCV00096, Date: 2024-04-09 Tentative Ruling

Case Number: 24PSCV00096    Hearing Date: April 9, 2024    Dept: 6

CASE NAME:  Bill Me Later, Inc. v. Vision Trading Corporation d/b/a Xenon-Vision, et al. 

Petition to Confirm Contractual Arbitration Award 

TENTATIVE RULING 

The Court GRANTS the petition to confirm contractual arbitration award. Petitioner must submit a proposed judgment. 

            Petitioner is ordered to give notice of the Court’s ruling within five calendar days of this order. 

BACKGROUND 

This is a contract dispute. On February 21, 2024, petitioner Bill Me Later, Inc., a Delaware corporation, as servicing agent for WebBank (Petitioner) filed a petition against respondents Vision Trading Corporation d/b/a Xenon-Vision, HID-Warehouse, and Phouc Van To (collectively, Respondents) to confirm a contractual arbitration award made on December 21, 2023. Respondents did not respond to or oppose the petition. 

LEGAL STANDARD 

“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.) A person seeking to confirm an arbitration award must prove the award and the existence of a valid arbitration agreement. (Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1223.)

“No petition may be served and filed under this chapter until at least 10 days after service of the signed copy of the award upon the petitioner.” (Code Civ. Proc., § 1288.4.) “A petition under this title shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days' notice of the date set for the hearing on the petition shall be given.” (Id., § 1290.2.)

PRELIMINARY ISSUE 

            The Court notes that Petitioner filed and served a notice of errata on March 20, 2024, containing attachments that it had inadvertently omitted from the petition. (See Code Civ. Proc., § 1285.4.) But, the Court also notes that Respondents did not file a response or opposition to the petition within 10 days of its service upon them, or any response or opposition for that matter. (See Id., § 1290.6.) The Court therefore construes Respondents’ lack of response or opposition as evidence of lack of prejudice to Respondents, but nevertheless admonishes Petitioner to comply with the requirements of the Code of Civil Procedure going forward. 

DISCUSSION 

Petitioner seeks to confirm an arbitration award made on December 21, 2023, in the amount of $150,954.43, plus $8,313.75 in costs and arbitration fees, in favor of Petitioner and against Respondents. (Petition, ¶ 8, subds. (b)(1), (b)(4); Notice of Errata, Attachment 8, subd. (c).) Petitioner served a copy of the arbitration award upon Respondents on February 7, 2024. (Id., Attachment 9, subd. (b).) Petitioner submitted a copy of the underlying loan agreement and arbitration agreement with Respondents’ signatures. (Notice of Errata, Attachment 4, subd. (b), pp. 5-6.) Petitioner also submitted a copy of the arbitration award, which awards $150,954.43 in damages, plus $8,313.75 in costs and arbitration fees, in favor of Petitioner and against Respondents. (Id., Attachment 8, subd. (c).) The Court finds that Petitioner has met its burden in proving the award and establishing the existence of a valid arbitration agreement. (See Toal, supra, 178 Cal.App.4th at p. 1223.) 

Respondents did not respond to or oppose the petition, and thereby failed to dispute the award or the existence of a valid arbitration agreement. (See Toal, supra, 178 Cal.App.4th at p. 1223.) The Court further construes Respondents’ lack of response or opposition as a tacit admission that the petition is meritorious. (See Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410; C. Opposing the Motion—and Rebutting the Opposition, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 9(I)-C, ¶ 9:105.10.) 

Based on the foregoing, the Court GRANTS the petition to confirm contractual arbitration award. Petitioner must submit a proposed judgment. 

CONCLUSION 

The Court GRANTS the petition to confirm contractual arbitration award. Petitioner must submit a proposed judgment. 

            Petitioner is ordered to give notice of the Court’s ruling within five calendar days of this order.