Judge: Malcolm Mackey, Case: 19STCV25214, Date: 2023-01-17 Tentative Ruling
Case Number: 19STCV25214 Hearing Date: January 17, 2023 Dept: 55
LEWIS
v. CAL. TRANSIT, INC. 19STCV25214
Hearing Date: 1/17/23,
Dept. 55
#4: PETITION TO
CONFIRM CONTRACTUAL ARBITRATION AWARD.
Notice: Okay
Opposition
MP:
Plaintiff
RP:
Defendant
Summary
On 7/18/19, Plaintiff filed a Complaint alleging that,
during her employment, following a reported workplace injury, Plaintiff
informed Defendant of medical conditions and injuries requiring Plaintiff to
request medical leave for medical appointments but Defendant unjustifiably
denied each request.
The causes of action are:
(1) PHYSICAL DISABILITY
DISCRIMINATION (CALIFORNIA GOV. CODE §12940(A) ET SEQ.);
(2) FAILURE TO MAKE
REASONABLE ACCOMMODATION FOR PHYSICAL DISABILITY (CALIFORNIA GOV. CODE §
12940(M));
(3) FAILURE TO ENGAGE IN
THE INTERACTIVE PROCESS (CALIFORNIA GOV. CODE § 12940(N) ETSEQ.);
(4) RETALIATION IN
VIOLATION OF THE FAIR EMPLOYMENT & HOUSING ACT (CALIFORNIA GOV. CODE §
12940(H) AND LABOR CODE §1102.5;
(5) HARASSMENT IN
VIOLATION OF CALIFORNIA GOVERNMENT CODE §12940(A) ET SEQ.;
(6) FAILURE TO TAKE ALL
REASONABLE STEPS TO PREVENT DISCRIMINATION, HARASSMENT AND RETALIATION
(CALIFORNIA GOV. CODE §12940(K);
(7) WRONGFUL TERMINATION
IN VIOLATION OF PUBLIC POLICY AND FEHA;
(8) DISCRIMINATION IN
VIOLATION OF FEHA (CALIFORNIA GOV. CODE § 12940(A) ET SEQ.);
(9) UNPAID OVERTIME AND
WAGES (LABOR CODE §512 ET SEQ.).
MP
Positions
The official form petition of the petitioner requests the
Court to confirm an arbitration award, on bases including the following:
·
The interim and final arbitration awards
were on 01/17/22 and 04/08/22, requiring respondent to pay the petitioner
$130,085.91.
·
The award should be confirmed.
·
Additionally, attorneys’ fees, costs and
interest running from 1/17/22 are requested.
RP
Positions
Opposing party advocates denying in part, for reasons
including the following:
·
The court must confirm the award as made.
·
Neither the Interim Award or the Final
Award provides for an award of interest.
·
The Arbitrator already included a specific
amount to be awarded to Petitioner for her Attorneys Fees
·
The Arbitrator already included a specific
amount to be awarded to Petitioner for her costs.
Tentative
Ruling
The motion is granted, as prayed.
The opposition is frivolous, unfortunately.
Costs, fees and interest are properly provided for on
the official Judicial Council form “ADR-106.”
The applicable case law is in accord.
A court may award attorneys' fees, and costs, incurred
in relation to statutorily authorized judicial proceedings regarding
arbitration, and the arbitrator makes the determination in connection with the
arbitration proceedings. Corona v. Amherst (2003) 107 Cal.App.4th 701, 707; DiMarco v.
Chaney (1995) 31 Cal.App.4th 1809, 1816-17; Carole Ring & Assocs. v. Nicastro
(2001) 87 Cal.App.4th 253, 260-62;
Ajida Technologies, Inc. v. Roos Instruments, Inc. (2001) 87 Cal.
App 4th 534, 552 n. 11.
Trial courts are required to award post-award,
pre-judgment interest, running from the date of the award, because the award is
a fixed liability, unless the arbitrator already decided the question. E.g.,
Pierotti v. Torian (2000) 81 Cal.App.4th
17, 27-28 (citing CC §3287(a)).
Other than those exceptions, unless a petition or
response seeking to correct or vacate an arbitration award was filed properly
based upon valid grounds, or the proceeding is dismissed, courts are required
to enter judgment in conformity with the award.
See, e.g., Valsan
Partners Ltd. Partnership v. Calcor Space Facility (1994) 25 Cal.App.4th
809, 818.
Here, page 6 of the arbitrator’s Final Award addresses
attorneys’ fees and costs incurred before the instant court petition to
confirm arbitration award (petition, ex. B), and does not address post-award
interest, and thus clearly additional sums of fees, costs and interest are
properly awarded in this ruling.
*IF BOTH SIDES SUBMIT ON THE TENTATIVE RULING,
PLEASE NOTIFY THE COURTROOM BY CALLING 213-633-0655*