Judge: Lynne M. Hobbs, Case: 21STCV36617, Date: 2024-09-12 Tentative Ruling

Case Number: 21STCV36617    Hearing Date: September 12, 2024    Dept: 61

SUNNYBROOK HOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs JAMES V. COANE & ASSOCIATES, A BUSINESS ENTITY OF UNKNOWN FORM

TENTATIVE

Defendant James V. Coane & Associates’ Petition to Confirm Arbitration Award is GRANTED.

Defendant to provide notice.

DISCUSSION

Defendant and Petitioner James V. Coane & Associates (Defendant) seeks to confirm an arbitration award entered on January 15, 2024, awarding nothing in favor of Plaintiff Sunnybrook Homes, LLC (Plaintiff) and awarding Defendant $43,752.12 in costs.

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc. § 1285.) A petition must include (a) the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement, (b) the names of the arbitrators, and (c) a copy of the award and the written opinion of the arbitrators, if any. (Code Civ. Proc. § 1285.4.)

A petition to confirm an arbitration award must be filed and served within four years of the date of the service of the signed copy of the award on the petition, but the petition may not be filed until at least ten days after service of signed copy of the award upon the petitioner. (Code Civ. Proc. §§ 1288, 1288.4.) Service of a petition must be “in the manner provided in the arbitration agreement for the service of such petition and notice.” (Code Civ. Proc. § 1290.4.) If the arbitration agreement does not provide the manner for service, “[s]ervice within this State shall be made in the manner provided by law for the service of summons in an action.” (Code Civ. Proc. § 1290.4, subd. (b)(1).)

“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.” (Code Civ. Proc. § 1290.2.)

Defendant here has filed the present petition within four years of the date of the arbitration award, which is attached to the petition, along with the agreement to arbitrate. The present petition was served upon Plaintiff’s counsel, who has already appeared in this action. No opposition has been filed.

The petition is therefore GRANTED.