Judge Mark C. Kim, Case 21LBCV00302 2023-03-02 Tentative Ruling

Judge: Mark C. Kim, Case: 21LBCV00302, Date: 2023-03-02 Tentative Ruling

Case Number: 21LBCV00302 Hearing Date: March 2, 2023 Dept: S27

1. Background Facts

On June 1, 2021 Plaintiff/Claimant William B. Mujica filed this action for the alleged wrongful termination arising from his employment with the Law Offices of Larry H. Parker, Inc.

On October 12, 2021, Claimant filed a notice informing the Court that this matter was pending arbitration between him and Respondents, and requested a stay of this action.

On October 28, 2021, the Court set a post-arbitration status conference for January 28, 2022, which was continued to August 17, 2022. The parties failed to appear for the August 17, 2022 hearing and the Court noted that the Court’s OSC Re: failure to prosecute and dismissal remained on calendar for June 1, 2023.

On September 23, 2022, the arbitrator, Emily R. Boyle of American Arbitration Association (the “Arbitrator”), served on all parties its order dismissing Claimant’s Second Amended Demand (the “Order”). On October 17, 2022, Respondents filed the instant petition to confirm the Arbitrator’s Order.

2. Petition to Confirm Arbitration Award

a. 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. (Code Civ. Proc., §1288.) A petition to confirm an¿arbitration award must include the substance of the agreement to arbitrate, the names of the arbitrators, and the opinion of the arbitrator.¿ (Code Civ. Proc., § 1285.4.) The general rule is that a court will not review “the merits of the controversy, the validity of the arbitrator’s reasoning, or the sufficiency of the evidence.”¿ (Jordan v. California Dept. of Motor Vehicles¿(2002) 100 Cal.App.4th 431, 443.)¿ Confirmation of the award is mandatory unless a response or petition to correct or vacate the award has been timely filed.¿ (See Code Civ. Proc., § 1286;¿Valsan Partners Limited Partnership v. Calcor Space Facility, Inc.¿(1994) 25 Cal.App.4th 809, 818.) A Court does not have jurisdiction to correct or vacate an award if the response or petition to correct or vacate the award is filed 100 days after the date of the service of a signed copy of the award on the petitioner. (Code Civ. Proc., § 1288; Abers v. Rohrs (2013) 217 Cal.App.4th 1199, 1203.)

b. Analysis

Here, Respondents timely filed the instant Petition because it was filed less than four years from the date that the Order was served on Claimant. In addition, Respondents meets all of the statutory requirements to confirm the Order because the Petition names all parties to the arbitration, Respondents attached a copy of the agreement to arbitrate, and a copy of the Order with the name of the Arbitrator. (See Pet. Att. Nos. 1, 4(a), 4(b), 5, 8(c), and 9(a).)

Moreover, Claimant has not filed a timely petition to correct or vacate the Order, as more than 100 days have passed since the date that the Order was served on him. Accordingly, confirmation of the Order is mandatory. (See Code Civ. Proc., § 1286;¿Valsan Partners Limited Partnership, supra, 25 Cal.App.4th at 818.)

Thus, the Court GRANTS Respondents’ Petition to Confirm the Arbitration Order, and enters Judgment in favor of Respondents and against Claimant pursuant to the September 23, 2022 Order.

3. Conclusion

The Court GRANTS Respondents’ Petition to Confirm the Arbitration Order, and enters Judgment in favor of Respondents and against Claimant pursuant to the September 23, 2022 Order.

Respondents 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.