Judge: Mark E. Windham, Case: 22STCP00590, Date: 2022-09-29 Tentative Ruling

Case Number: 22STCP00590    Hearing Date: September 29, 2022    Dept: 26

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Carla Mazzetti’s Petition to Confirm Arbitration Award is GRANTED. PETITIONER TO FILE PROPOSED JUDGMENT WITHIN 20 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

[X] Manner of Service (CCP § 1290.4)                                  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 27, 2022.

REPLY: None filed as of September 27, 2022.

ANALYSIS:

On September 10, 2021, an Arbitration Award was issued in favor of Carla Mazzetti (“Petitioner”) and against Adam Khoda (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on February 18, 2022. Following the hearing on June 30, 2022, Petitioner filed proof of service on September 19, 2022. 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).)

Petitioner still has not shown that the arbitration agreement provides for the manner in which the Petition and Notice of Hearing should be served. (Pet., Attachment 4(b), ¶8.) The supplemental declaration does not address service of the Petition and Notice of Hearing. (Mazzetti Decl., filed 08/26/22.) Therefore, service must be made in the manner provided for by law for service of a summons, which is set forth at Code of Civil Procedure sections 415.10 through 415.95. The Petition and Notice of Hearing were sub-served on Respondent on September 11, 2022. (Proof of Personal Service, filed 09/11/22.) The sub-service was accompanied by a declaration of diligence and declaration of mailing. (Decl. of Diligence, filed 09/20/22.)

Therefore, the Court finds that the requirements of Code of Civil Procedure section 1290.4 with respect to service of the Petition and Notice of Hearing 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.)

Petitioner has now shown that the arbitration agreement provides the manner in which the Arbitration Award should be served, by reference to the American Arbitration Rules, which allow for service by electronic mail. (Mazzetti Decl., filed 08/26/22, ¶¶1-6.) Proof of service of the Arbitration Award is also attached. (Id. at Exhs. A-B.) The Arbitration Award was served on the parties on September 10, 2021, the same day was issued. (Pet., Attachment 8(c), p. 5; Mazzetti Decl., filed 08/26/22, Exhs. A-B.)

Additionally, 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.) Now that proper service of the Petition has been demonstrated, the Court finds that the requirements of Code of Civil Procedure sections 1283.6, 1288 and 1288.4 have been satisfied.

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., ¶¶1-4 and Exh. B.) The Petition also attaches a copy of the Award, which awards Petitioner $9,417.50 principal and $5,445.00 in arbitration fees against Respondent. (Pet., Attachment 8(c), p. 5.) Therefore, the Court finds that the substantive portion of the Petition has been satisfied.

Attorney’s Fees and Costs

To the extent Petitioner requests costs according to proof (Pet., Prayer, ¶¶3-4), those are permitted on a petition to confirm arbitration award. (Code Civ. Proc., § 1293.2; MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Petitioner has filed a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700.

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is GRANTED. PETITIONER TO FILE PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

Moving party to give notice.