Judge: Lynne M. Hobbs, Case: 23STCP03212, Date: 2024-05-17 Tentative Ruling
Case Number: 23STCP03212 Hearing Date: May 17, 2024 Dept: 61
123 HOME CARE UNLIMITED, LLC vs GLOBAL REGENCY SENIOR CARE SERVICES, LLC
TENTATIVE
Petitioner 123 Home Care Unlimited LLC’s Petition to Confirm
Arbitration Award is GRANTED.
Plaintiff to provide notice.
DISCUSSION
Petitioner filed and
served the notice of hearing on this motion on April 3, 2024. No opposition has
been filed.
MOTION TO CONFIRM ARBITRATION AWARD
Petitioner 123 Home Care Unlimited, LLC
(Petitioner) seeks judicial confirmation of an arbitration award rendered on
August 18, 2023, in the amount of $132,739.06 against Respondent Global Regency
Senior Care Services (Respondent). In a supplemental declaration filed on May
8, 2024, Petitioner indicates that Respondent has made a payment of $20,000 on
the amount owed, meaning the balance remaining on the judgment is $112,393.77.
(Supp. Jazayeri Decl. ¶¶ 2–3.)
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).)
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 here contains the arbitration award and identifies the
parties and arbitrators. The petition also includes the arbitration agreement.
B.
Service
“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 copy of the
petition and a written notice of the time and place of the hearing thereof and
any other papers upon which the petition is based shall be served in the manner
provided in the arbitration agreement for the service of such petition and
notice.” (Code Civ. Proc., § 1290.4, subd. (a).)
Subdivision (b) provides:
If
the arbitration agreement does not provide the manner in which such service
shall be made and the person upon whom service is to be made has not previously
appeared in the proceeding and has not previously been served in accordance
with this subdivision:
(1)
Service within this State shall be made in the manner provided by law for the
service of summons in an action.
(2)
Service outside this State shall be made by mailing the copy of the petition
and notice and other papers by registered or certified mail. Personal service
is the equivalent of such service by mail. Proof of service by mail shall be
made by affidavit showing such mailing together with the return receipt of the
United States Post Office bearing the signature of the person on whom service
was made. Notwithstanding any other provision of this title, if service is made
in the manner provided in this paragraph, the petition may not be heard until
at least 30 days after the date of such service.
(Code
Civ. Proc., § 1290.4, subd. (b).)
Here,
the arbitration agreement provides for written notice by mail at Respondent’s
specified address. (Petition Att. 4(b), ¶ XII.) Service of the award and
petition were made according to the contract.
The petition is therefore GRANTED.