Judge: Mark E. Windham, Case: 21STCP02520, Date: 2022-09-13 Tentative Ruling

Case Number: 21STCP02520    Hearing Date: September 13, 2022    Dept: 26

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

 

 

TENTATIVE RULING:

 

Petitioner Wasserman Media Group, LLC’s Petition to Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER WASSERMAN MEDIA GROUP, LLC IN THE AMOUNT OF $6,000.00 IN DAMAGES, $10,022.50 IN ATTORNEYS’ FEES, AND ARBITRATION COSTS OF $1,633.27, FOR A TOTAL AWARD OF $17,655.77. PROPOSED JUDGMENT TO BE FILED AND SERVED WITHIN 10 DAYS OF THIS ORDER.

 

 

SERVICE:

 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)          OK

[X] Correct Address (CCP §§ 1013, 1013a)                          OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))           OK

 

 

SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award.

 

RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award.

 

OPPOSITION: None filed as of September 9, 2022.

 

REPLY: None filed as of September 9, 2022.

 

 

ANALYSIS:

 

On July 6, 2021, an arbitrator issued an Arbitration Award in favor of Wasserman Media Group, LLC (“Petitioner”) and against Paul Lo Duca (“Respondent”). On August 3, 2021, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Court set the Petition for hearing on December 7, 2021 and ordered Petitioner to give notice. (Notice of Hearing, 08/03/21.) On November 2, 2021, the Court continued the hearing to March 17, 2022. (Notice of Continuance, 11/02/21.) On March 4, 2022, Petitioner filed an Application for Publication, based on multiple failed attempts to serve Respondent. (See Fieldsted Decl. ¶¶ 4-8.) On March 8, 2022, the court rejected Petitioner’s Application for Publication because Petitioner had not demonstrated diligence in its service attempts. (See Notice of Rejection, 3/8/22.)

 

The Petition came for hearing on March 17, 2022 and was continued again to September 13, 2022. Petitioner filed Proof of Personal Service on April 7, 2022. Following the lack of any responsive pleading from Respondent, the Court entered default on May 19, 2022. To date, no opposition to the Petition has been filed.

 

Legal Standard

 

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.  The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (Code Civ. Proc., § 1286.)

 

A response to a Petition to Confirm Arbitration Award that seeks to vacate or correct the award must be served and filed no later than 100 days after the date of the service of a signed copy of the award on the respondent. (Code Civ. Proc., § 1288.2.)

 

Discussion

 

Service of the Petition and Notice of Hearing

 

Code of Civil Procedure, section 1290.4 requires that the Petition and Notice of Hearing be served on Respondent “in the manner provided in the arbitration agreement for the service of such petition and notice” or “[i]f the arbitration agreement does not provide the manner in which such service shall be made . . . [s]ervice within this State shall be made in the manner provided by law for the service of summons in an action.” (Code Civ. Proc., § 1290.4, subds. (a), (b).)

 

The arbitration agreement does not address the manner in which a petition to confirm arbitration award must be served, so service must be made in the manner provided by law for service of summons. (Pet., Attachment 4(b).) The Petition and Notice of Hearing were personally on Respondent on March 31, 2022. (Proof of Service, filed 04/07/22.) Therefore, the Court finds that the requirements of Code of Civil Procedure section 1290.4 are satisfied.

 

Service of the Arbitration Award and Timing of Service of Petition (CCP §§ 1283.6, 1288, 1288.4)

 

Code of Civil Procedure section 1283.6 requires that “[t]he neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.) This requirement may be satisfied by service by the arbitration, or upon proper service of the Award with the Petition. (See Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.)

 

As the Award was personally served with the Petition on March 31, 2022, the requirements of Code of Civil Procedure section 1283.6 are met.

 

Also, a party seeking a court judgment confirming an arbitration award must file and serve the petition no more than four years, but not less than 10 days, after the award is served. (CCP §§ 1288, 1288.4.) The Petition was timely served nine months after the Award was issued.

 

Confirmation of the Arbitration Award

 

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered.  (CCP § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) The court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding.  (CCP § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) Code of Civil Procedure, section 1285.4 states a petition under this chapter shall:

 

a)      Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement.

 

b)      Set forth the names of the arbitrators.

 

c)      Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.

 

(Code Civ. Proc., § 1285.4.) The Petition includes a copy of the agreement to arbitrate. (Pet., ¶4 and Attachment 4(b).) The parties entered into a written contract on May 15, 2019, containing an arbitration provision. (Ibid.) The Petition sets forth the name of the Arbitrator (Hon. Franz E. Miller) and attaches a copy of the written opinion and award. (Id. at Attachment 8(c).) Petitioner demonstrates that on July 6, 2021, the arbitrator issued an award requiring Respondent to pay Petitioner $6,000.00 in damages, $10,022.50 in attorneys’ fees, and arbitration costs of $1,633.27, for a total award of $17,655.77. (Ibid.) The Court finds that the substantive portion of the Petition has been satisfied.

 

Conclusion

 

Based on the foregoing, the Petition to Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER WASSERMAN MEDIA GROUP, LLC IN THE AMOUNT OF $6,000.00 IN DAMAGES, $10,022.50 IN ATTORNEYS’ FEES, AND ARBITRATION COSTS OF $1,633.27, FOR A TOTAL AWARD OF $17,655.77. PROPOSED JUDGMENT TO BE FILED AND SERVED WITHIN 10 DAYS OF THIS ORDER.

 

Petitioner to give notice.