Judge: Mark E. Windham, Case: 22STCP00242, Date: 2022-07-26 Tentative Ruling
Case Number: 22STCP00242 Hearing Date: July 26, 2022 Dept: 26
PETITION TO CONFIRM ARBITRATION AWARD
(CCP § 1285, et seq.)
TENTATIVE RULING:
Petitioner Dzmitry Baltunou’s Petition to Confirm Arbitration Award is DISMISSED.
ANALYSIS:
On October 21, 2018,
an Arbitration Award was issued in favor of Dzmitry Baltunou (“Petitioner”) and against Jack Senese (“Respondent”).
Petitioner filed the instant Petition to Confirm Arbitration Award (the
“Petition”) on January 24, 2022.
The Petition initially came for hearing on May 26, 2022, at
which time the Court found Petitioner had not demonstrated service of the
Petition, Notice of Hearing and Arbitration Award in accordance with the
statutory requirements. (Minute Order, 05/26/22.) The Court continued the hearing
to allow for Petitioner to file the requisite proofs of service by July 1,
2022. (Id.) To date, however, no proof of service with respect to the
Petition, Notice of Hearing, nor Arbitration Award has been filed. No
opposition has been filed to date.
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 have any provision regarding service of the instant Petition
to Confirm Arbitration Award. (Pet., Attachment 4b, § 25.) Therefore, the
Petition and Notice of Hearing must be served in accordance with the
requirements for service of a Summons. However, still no proof of service has
been filed with respect to the Petition or Notice of Hearing. Therefore,
Petitioner has not demonstrated compliance with the statutory requirements.
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.)
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.
(Code Civ. Proc., §§ 1288, 1288.4.) Petitioner contends the Award was
served on October 21, 2018, but attaches no proof of service. (Pet., ¶9 and
Attachment 8(c).) The arbitration
agreement does not have any provision regarding service of the arbitration
Award. (Pet., Attachment 4b, § 25.) Therefore, it must have been served
personally, by certified mail, or with the instant Petition. As noted above,
Petitioner has not demonstrated service of the Petition and attachments.
Therefore, Petitioner has not demonstrated compliance with Code of Civil
Procedure section 1283.6, 1288 or 1288.4.
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 complies with the
above requirements. It sets forth the nature of the agreement to arbitrate and
the name of the Arbitrator. (Pet.,
¶¶4-6 and Attachment. 4b.) The Petition also attaches a copy of the
Award, which awards Petitioner $1,385.31 plus r interest at a rate of 1.5% per
month beginning November 5, 2018 against Respondent. (Pet., Attachment 8c, p. 2.)
The Court finds that the substantive portion of the Petition has been
satisfied.
Conclusion
Based on the
foregoing failure to comply with the mandatory statutory requirements for
service, the Petition to Confirm Arbitration Award is DISMISSED.
Court clerk to give notice.