Judge: Margaret L. Oldendorf, Case: 22AHCV01259, Date: 2024-04-12 Tentative Ruling

Case Number: 22AHCV01259    Hearing Date: April 12, 2024    Dept: P

I.        INTRODUCTION

This action stems from a contract to construct an ADU (accessory dwelling unit) on property owned by Plaintiff Alan Chan. Chan contracted with Defendant Chisel & Tool to perform the work. Chan alleges that after problems arose early on, he refused to accept the work and Chisel & Tool abandoned the project. 

The arbitration took place in December of 2023. The arbitrator issued her final award on February 26, 2024, ruling that Defendant must pay Plaintiff $76,209.31.[1]

Now before the Court is Plaintiff’s unopposed petition to confirm the arbitration award. As the petition is timely and all procedural requirements are met, it is granted.    

  II.      LEGAL STANDARD

          Code Civ. Proc. § 1288 et seq. 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

          Plaintiff has timely filed this petition to confirm the arbitration award more than 10 days after, and fewer than 4 years from, the date a signed copy of the order on the award was served. Per the petition, the signed award was served on February 26, 2024. (Petition p. 2 Item 9.) Plaintiff attaches a copy of the arbitration agreement, the name of the arbitrator and the arbitrator’s award. (Attachment 4(b) to Petition-Arbitration Agreement; Petition p. 2 Item 6- Arbitrator’s name; Attachment 8(c) to Petition- Arbitrator’s Award.)

Defendant has been provided with notice of this petition; but no opposition has been filed. Defendant has also not filed a motion to correct or to vacate the arbitration award.

IV.     ORDER

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

April 9, 2024 Jared D. Moses, Judge