Judge Mark E. Windham, Case Number: 21STLC00117, Date: 2024-10-28 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

The e-mail address is SSCdept26@lacourt.org

The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

If there are no appearances by either side and no submission on the Court's tentative ruling, the matter will be placed OFF CALENDAR.

Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time.

Esurance Property and Casualty Ins. Co. v. Eli’s Collision Repair of South Bay, Inc., et al.

MOTION TO CONFIRM ARBITRATION AWARD

Defendant/Cross-Complainant Eli’s Collision Repair of South Bay, Inc.’s Motion to Confirm Appraisal Award is GRANTED IN THE AMOUNT OF $18,766.03.

DEFENDANT/CROSS-COMPLAINANT IS TO FILE AND SERVE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

On January 7, 2021, Plaintiff Esurance Property and Casualty Insurance Company (“Plaintiff/Cross-Defendant”) filed the instant action for unjust enrichment against Defendant Eli’s Collision Repair of South Bay, Inc. (“Defendant/Cross-Complainant”). Defendant/Cross-Complainant filed a Cross-Complaint for (1) money due on a written contract; (2) quantum meruit; (3) account stated; and (4) open book account, on April 27, 2021. The Cross-Complaint alleges that Defendant/Cross-Complainant performed automotive work on the vehicles of persons insured by Plaintiff/Cross-Defendant (“the subject insureds”) for which it was not fully paid. (Cross-Compl., ¶¶8-12.) The parties stipulated to stay the action and proceed with appraisal of the subject claims. An order pursuant to the stipulation was entered on November 21, 2023. (Stip and Order, 11/21/23)

Defendant/Cross-Complainant filed the instant Motion to Confirm Appraisal Award on August 15, 2024. No opposition has been filed to date.

Confirmation of the arbitration award may be sought in the manner provided in Code of Civil Procedure section 1285, et seq. “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.)

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (Code Civ. Proc. § 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.

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 Motion complies with the above requirements. It sets forth the nature of the arbitration agreement and the name of the arbitrator. (Pet., ¶¶4-6.) A copy of the arbitration award, in the form of independent appraisals of the subject claims, is attached. (Id. at Attachment 8(c).) Substantively, the Motion demonstrates that Defendant/Cross-Complainant is entitled to $18,766.03 for the amounts unpaid on the appraisals. (Id. at Attachment 8(c); Shamam Decl., ¶¶3-7 and Exhs. B-F.)

Defendant/Cross-Complainant Eli’s Collision Repair of South Bay, Inc.’s Motion to Confirm Arbitration Award is GRANTED IN THE AMOUNT OF $18,766.03.

DEFENDANT/CROSS-COMPLAINANT IS TO FILE AND SERVE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.