Judge: Mark C. Kim, Case: 20LBCV00382, Date: 2023-04-18 Tentative Ruling

Case Number: 20LBCV00382    Hearing Date: April 18, 2023    Dept: S27

1.     Background Facts

Plaintiff, Herbert Winston filed this action against Defendants, Extra Space Storage, Inc. and Extra Space Management, Inc. for breach of contract and related claims arising out of Defendants’ alleged destruction of Plaintiff’s stored goods without his permission.  Plaintiff filed his original complaint on 8/13/20 and FAC on 3/05/21.  On 5/28/21, the parties filed a stipulation to submit their dispute to binding arbitration, and the Court signed an order on the stipulation. 

2.     Motion to Confirm Arbitration Award

On 2/16/23, the parties’ chosen arbitrator, Joseph E. Guimera, dismissed the arbitration with prejudice due to Plaintiff’s failure to prosecute his claim.  A copy of the dismissal order is attached as Attachment 8(c) to Defendants’ petition to confirm the final arbitration order. 

Pursuant to CCP §1286, the Court must confirm, correct, or vacate the arbitrator’s award, or it must dismiss the petition to enforce the award.  In the absence of opposition, the Court will confirm the arbitrator’s dismissal.  The motion to confirm is granted, and the arbitrator’s judgment of dismissal is confirmed. 

3.     Motion to Dismiss

Defendants filed a separate motion to dismiss in light of the arbitrator’s judgment of dismissal.  The motion is arguably superfluous, as the result of the motion to confirm is dismissal of the proceedings.  To the extent the motion to dismiss is not moot, it is granted.  The case is dismissed in light of the arbitrator’s dismissal and the Court determination, above, that the dismissal must be confirmed. 

4.     Future Dates Vacated

The Court notes that there is a status conference re: arbitration scheduled for 5/17/23.  The hearing date is vacated in light of the dismissal of the action. 

Defendants are ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.