Judge: Mark A. Young, Case: 24SMCP00198, Date: 2024-06-14 Tentative Ruling

Case Number: 24SMCP00198    Hearing Date: June 14, 2024    Dept: M

CASE NAME:           SMC Specialty Finance v. Redbox Entertainment LLC

CASE NO.:                24SMCP00198

MOTION:                  Motion to Confirm Arbitration Award

HEARING DATE:   6/14/2024

LEGAL STANDARD

Procedure

A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. (CCP §1288.)  No petition may be served and filed until at least 10 days after service of the signed copy of the award upon petitioner. (CCP §1288.4.) 

If the agreement sets forth a method of service for the petition, that method holds. (CCP §1290.4(a).) If the arbitration agreement does not set forth a method, service shall be made in the manner provided by law for service of summons in an action if the party has not appeared. (CCP § 1290.4(b).) If the party upon whom the petition is to be made has appeared, service can be made by noticed motion. (CCP § 1290.4(c).) Service shall be made in the manner provided in section 1010 et seq. if the person on whom service is to be made has previously been served in accordance with section 1290.4(b). (Id.)

Merits

Any party to an arbitration in which an award has been made may petition the court for confirmation of the award. (CCP, § 1285.) Upon service and filing of a petition to confirm arbitration award, the court shall confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (Id., § 1286.) The contents of a petition to confirm an arbitration award shall set forth the substance of or have attached a copy of the agreement to arbitrate, the names of the arbitrators, and shall set forth or have attached a copy of the award and the written opinion of the arbitrators.  (Code Civ. Proc., § 1285.4.) Where the petition is served but no response is served and filed, the allegations in the petition are deemed admitted.  (CCP § 1290; Taheri Law Group, A.P.C. v. Sorokurs (2009) 176 Cal.App.4th 956, 962.)   

Analysis

Petitioner SMC Specialty Finance, LLC (“Petitioner”) seeks to confirm the arbitrator’s Final Award entered on March 29, 2024, in Petitioner’s favor and against Respondent, Redbox Entertainment, LLC. The award is attached and verified to the petition. Respondent does not oppose the petition. Accordingly, the motion is GRANTED.

Judgment will be entered in Petitioner’s favor, and against Respondent, in accordance with the Final Award. Petitioner is ordered to submit a proposed judgment for signature.  In sum, the proposed judgment should reflect that Respondent will pay Petitioner the sum of $1,043,316.10, plus prejudgment interest on the entire award amount at 10% per annum from March 30, 2024, consisting of the following: (1) $550,000 for the unpaid MG Payment due and owing from Respondent; (2) $392,071.43 in accrued interest on the $550,000 MG Payment through March 29, 2024, calculated at the default interest rate of 1% per week in accordance with Paragraph 12.5 of the Agreement; (3) $72,250.00 for Petitioner’s reasonable outside attorney’s fees; and (4) $28,994.76 in costs. (Mekhael Decl., Exh. 2, pp. 9-10.)  In addition, Respondent will produce the underlying license agreements by which Respondent purported to license the streaming rights to the various streaming platforms, within thirty days of the Final Award.

Petitioner to give notice.