Judge: Mark A. Young, Case: 21SMCV01753, Date: 2022-07-27 Tentative Ruling

Case Number: 21SMCV01753    Hearing Date: July 27, 2022    Dept: M

CASE NAME:           Golden Development LLC, v. Universal Herbal Center Inc., et al.

CASE NO.:                21SMCV01753

MOTION:                  Motion to Confirm Arbitration

HEARING DATE:   7/27/2022

Legal Standard

            Any party to an arbitration may petition the court to confirm an arbitration award. (CCP § 1285.) If a petition to confirm an arbitration award is duly served and filed, the court must confirm the award as made, unless the court corrects or vacates the award pursuant to a response to the petition or a petition to correct or vacate the award. (CCP § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818 [no authority to alter terms of award absent petition to correct].)

            A petition to confirm an arbitration award must set forth the substance of or attach the arbitration agreement, include the name of the arbitrator, and attach a copy of the award and the written opinion of the arbitrator, if any. (CCP § 1285.4.) The petition must be served no earlier than 10 days, but no later than 4 years, after service of the award on the petitioner. (CCP §§ 1288, 1288.4.)

            The petition, written notice of the time and place of the hearing on the petition, and any other papers upon which the petition is based must be served in the manner provided in the arbitration agreement for service of such petition and notice. (CCP § 1290.4(a).) If the arbitration agreement does not specify the required manner of service and the person being served has not yet appeared in the proceeding and has not yet previously been served, then service of the petition within the State must be made in the same manner as service of a summons and complaint pursuant to CCP section 415.10 et seq. (CCP § 1290.4(b)(1).) At least 10 days’ notice of the date set for the hearing on the petition must be given. (CCP §1290.2.) Service outside the state must be made by registered or certified mail, return receipt requested. (CCP § 1290.4(b)(2).) The proof of service must show such mailing together with the return receipt signed by the person served. (Id.) If service is made by registered or certified mail, return receipt requested, the hearing on the petition may not be held until at least 30 days after the date of such notice. (Id.)

            A successful party to an arbitration is entitled to post-award, prejudgment interest under Civil Code section 3287(a). (Tenzera, Inc. v. Osterman (2012) 205 Cal.App.4th 16, 21-22.)

Analysis

            The proffered award was issued on May 17, 2022. Hon. Gerald Rosenberg issued a binding arbitration award of $143,932.81, in favor of Petitioner Golden Development LLC, and against Respondents Universal Herbal Center Inc., Capital Growth Investments Inc., Pnplxpress Inc., and Neu-Ventures Inc. Respondents were served with the award on May 18, 2022.

            The petition includes the name of the arbitrator and exhibits of the arbitration agreement and award. Since the hearing date is not earlier than 10 days, and no later than 4 years after the award was served on Respondent, the petition is timely. Respondent was validly served via electronic service. (CCP § 1010.6(e)(1).)

            Petitioner also requests prejudgment interest from May 31, 2022, at the statutory rate.  Based upon the Court’s calculation that amount would be $2,246.18 [10% interest at ~$39.41 per day, 57 days between May 31 and July 27].

            The petition is GRANTED. Petitioner to prepare a proposed judgment.