Judge: Margaret L. Oldendorf, Case: 21GDCP00052, Date: 2023-10-17 Tentative Ruling


Case Number: 21GDCP00052    Hearing Date: October 17, 2023    Dept: P

 

 

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

NORTHEAST DISTRICT

 

FAIR OAKS OLD TOWN, LLC, A CA LLC,

 

                                            Petitioner,

vs.

 

YAN “ASHLEY” YU individually and dba SHANDONG DUMPLINGS; and DOES 1 to 10,

 

                                            Respondents.

 

)

)

)

)

)

)

)

)

)

)

)

)

)
)

)

)

)

)

)

Case No.: 21GDCP00052

 

 

[TENTATIVE] ORDER GRANTING PETITIONER’S MOTION TO CONFIRM ARBITRATION AWARD

 

Date:   October 17, 2023

Time:  8:30 a.m.

Dept.:  P

 

 

 

          I.        INTRODUCTION

          Fair Oaks Old Town, LLC is the lessor of commercial property located at 80 N. Fair Oaks in Pasadena. Yan “Ashley” Yu was the lessee pursuant to a five years and four months lease that expired in February 2021. Yu fell behind on the rent. When the lease expired, Yu was evicted following an unlawful detainer action.

          In this action, Fair Oaks pursues the collection of back rent from Yu via arbitration.  Because the lease contains an arbitration agreement, Fair Oaks filed this action in order to obtain an order compelling Yu to arbitrate the dispute. In June 2021, Fair Oaks’s unopposed petition to compel arbitration was heard and granted.

          Arbitration took place in June 2023. Now before the Court is Fair Oaks’s unopposed motion to confirm the arbitration award. As the petition is timely and all procedural requirements are met, the motion is granted.     

 

II.       LEGAL STANDARD

          Code Civ. Proc. §1288 provides that a petition to confirm an arbitration award must be served and filed within 4 years after the date of service of a signed copy of the award on petitioner. No petition may be filed until at least 10 days after service of the signed copy of the award on petition. (CCP § 1288.4.)

          Section 1286 requires courts to confirm an award unless a competing petition identifies grounds to correct or vacate the award: “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (Bolding added.)

          If an award is confirmed, “Judgment shall be entered in conformity therewith.” (CCP § 1287.4.)

 

III.     DISCUSSION

          Fair Oaks has timely filed this motion to confirm the arbitration award more than 10 days and fewer than 4 years of the date a signed copy of the order on it. Respondent’s attorney and Respondent have been provided with notice of this petition and no opposition has been filed. Respondent has also not filed a motion to correct or to vacate. The petition to confirm the arbitration award is therefore granted.

IV.     ORDER

          Petition to confirm arbitration award is granted. Fair Oaks is ordered to provide notice of this order, and to lodge and serve an appropriate proposed judgment within 10 days.

         

 

 

Dated:                                                              _______________________________

                                                                              MARGARET L. OLDENDORF

                                                                       JUDGE OF THE SUPERIOR COURT