Judge: Mark A. Young, Case: 24SMCP00561, Date: 2025-02-19 Tentative Ruling

Case Number: 24SMCP00561    Hearing Date: February 19, 2025    Dept: M

CASE NAME:           Gursey Shcneider LLP, v. Morris

CASE NO.:                24SMCP00561

MOTION:                  Motion to Confirm Arbitration Award

HEARING DATE:   2/19/2025

LEGAL STANDARD

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.)

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.  (CCP, § 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 Gursey Schneider LLP moves for confirmation of an arbitration award against Respondent Paul Morris. The Court notes no proof of service of the petition on the record. Petitioner only provided proof of service for the hearing, but not of the petition itself. The hearing on the petition must be continued unless Petitioner provides proof of service of the petition on the respondent at the hearing.

Otherwise, the petition provides sufficient information for a mandatory award. The petition attaches a copy of the agreement to arbitrate, the names of the arbitrators, and a copy of the award. As there is no opposition, the allegations are admitted, and the court lacks discretion to deny the award. If Petitioner shows proper service, then the Court would grant the petition and confirm the award as noticed.