Judge: Malcolm Mackey, Case: 20STCV15407, Date: 2023-09-11 Tentative Ruling

Case Number: 20STCV15407    Hearing Date: September 11, 2023    Dept: 55

ALEXANDRA RUNIER v. MONTGOMERY MANAGEMENT CO.  20STCV15407

Hearing Date:  9/11/23,  Dept. 55

#6:   VERIFIED PETITION OF DEFENDANT MONTGOMERY MANAGEMENT CO. FOR ORDER CONFIRMINGARBITRATION AWARD AND ENTRY OF JUDGMENT IN CONFORMANCE WITH THE AWARD.

Notice:  Okay

No Opposition

MP:  Defendant

RP:  Plaintiff

Summary

On 4/22/20, Plaintiff filed a Complaint alleging that  Defendant committed various wage-and-hour violations, and wrongfully terminated Plaintiff Alexandra Runier’s employment as an office assistant and bookkeeper, on January 3, 2020, because of her age, disability and requests for reasonable accommodations, and hired a younger employee in her 20s.

The causes of action are:

1. UNPAID WAGES AND OVERTIME IN VIOLATION OF LABOR CODE §§ 510 & 1194.2, 1194, 1197;

2. WAITING TIME PENALTIES IN VIOLATION OF LABOR CODE §203

3. INACCURAGE WAGE STATEMENTS IN VIOLATION OF LABOR CODE § 226;

4. VIOLATION OF LABOR CODE §204

5. AGE DISCRIMINATION

6. DISABILITY DISCRIMINATION IN VIOLATION OF FEHA;

7. FAILURE TO ENGAGE IN THE INTERACTIVE PROCESS IN VIOLATION OF FEHA;

8. FAILURE TO PROVIDE REASONABLE ACCOMMODATIONS IN VIOLATION OF FEHA;

9. RETALIATION IN VIOLATION OF FEHA;

10. FAILURE TO MAINTAIN AN ENVIRONMENT FREE FROM DISCRIMINATION, RETALIATION, AND HARASSMENT;

11. RETALIATION IN VIOLATION OF LABOR CODE §98.6 AND 1102.5;

12. UNFAIR COMPETITION TO PURSUANT TO BUSINESS & PROFESSIONS CODE 17200

13. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY.

MP Positions

Moving party requests an order confirming an arbitration award, on grounds including the following:

·         On November 9, 2020, the Court granted Montgomery’s Motion to Compel Arbitration.

·         On December 8, 2022, the Arbitrator signed and issued the Final Award and JAMS served the Award on counsel for Plaintiff Runier (now deceased) and Runier’s daughter on the same day.

·         The Award includes the following material terms: The Arbitrator issues the Award in favor of Respondent Montgomery Management Co. on the substance of all Runier’s claims and Montgomery is awarded $18,774 for attorney’s fees and $8,250 for JAMS fees directly related to the discovery motions which were the basis for the previously ordered sanctions, for a total of $27,024 against Runier or her estate.

Tentative Ruling

The motion is granted, as prayed. 

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.  Valsan Partners Ltd. Partnership v. Calcor Space Facility (1994) 25 Cal.App.4^th 809, 818.

A judgment should not be entered without substitution of a deceased defendant’s representative, but such judgments are not void, but voidable.  Sacks v. FSR Brokerage (1992) 7 Cal. App. 4th 950, 959.