Judge: Lynne M. Hobbs, Case: 23STCP02282, Date: 2024-07-12 Tentative Ruling

Case Number: 23STCP02282    Hearing Date: July 12, 2024    Dept: 61

MARK GOMEZ, et al. vs GEORQE PANOUSSIS

TENTATIVE

Petitioners Mark Gomez and Gomez Law, APC’s Petition to Confirm Arbitration Award is DENIED.

Respondent to provide notice.

DISCUSSION

I. MOTION TO CONFIRM ARBITRATION AWARD

Petitioners Mark Gomez and Gomez Law, APC (Petitioners) move to confirm an arbitration award entered against Respondent George Panoussis (Respondent) on May 31, 2023, in the amount of $34,257.06. Petitioners seek entry of judgment in this amount against Respondent. (Motion at p. 3.)

A. CONTENTS OF THE PETITION

The award is one for attorney fee arbitration under Business & Professions Code § 6200. If no action has been filed in court on such an award, “the award may be confirmed, corrected, or vacated by petition to the court having jurisdiction over the amount of the arbitration award, but otherwise in the same manner as provided in Chapter 4 (commencing with Section 1285) of Title 9 of Part 3 of the Code of Civil Procedure.” (Bus. & Prof. Code § 6203, subd. (b).)

“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.)

The petition does not comply with the above statute because it does not include the substance of or an attached agreement to arbitrate. The petition contains the arbitration award and identifies the parties and arbitrators, and further alleges that after the fee dispute arose, the parties agreed in writing to be bound by arbitration, pursuant to Business & Professions Code § 6204, subd. (a). (Petition at p. 2.) However, no such agreement is included with the petition.

The petition is therefore DENIED.