Judge: Mark E. Windham, Case: 22STCP00795, Date: 2022-10-11 Tentative Ruling

Case Number: 22STCP00795    Hearing Date: October 11, 2022    Dept: 26

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

 

 

SERVICE OF MOTION:

[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 Tanenbaum pursuant to the terms of the arbitration award.

 

OPPOSITION: None filed as of October 6, 2022.

 

REPLY: None filed as of October 6, 2022.

 

 

TENTATIVE RULING:

 

Petitioner Sasan Lari’s Petition to Confirm Arbitration Award is GRANTED. PETITIONER SASAN LARI TO FILE PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

 

 

ANALYSIS:

 

On June 8, 2021, an Arbitration Award was issued for a dispute between Sasan Lari (“Petitioner”) and Israel Tanenbaum and A Plus Gutter & Sheet Metal aka A Plus Gutter Systems, Inc. (“Respondents”). Petitioner filed a Petition to Confirm Arbitration Award (the “Petition”) on March 8, 2022. At the initial hearing on July 12, 2022, the Court continued the matter with instruction for Petitioner to file an Amended Petition and proof of service. (Minute Order, 03/08/22.) Petitioner filed an Amendment to the Petition to Confirm Arbitration Award and proofs of service on August 9, 2022. No response to the Petition nor the Amendment to the Petition 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).)

 

No copy of the arbitration agreement was attached to the Petition or otherwise filed, therefore, Petitioner must demonstrate that service of the Petition and Notice of Hearing were made in the manner provided for by law for service of a summons. The Petition and Notice of Hearing were personally served on Respondent on March 10, 2022. (Pet., Proof of Personal Service, filed 03/10/22.) This manner of service was proper for Respondent, and now has been demonstrated with respect to A Plus Gutter. (Proof of Personal Service, filed 08/09/22.)

 

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.)

 

The Arbitration Award was served on the parties on June 8, 2021 by electronic mail, which does not comply with Code of Civil Procedure section 1283.6. However, personal service of the Award with the instant Petition on Respondents is sufficient to comply with the statute.

 

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.) The proofs of service demonstrate that Respondents were served with the Petition ten months after the Award was issued. Therefore, 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., ¶¶4-6 and Attachment 8(c).) The Petition also attaches a copy of the Award, which found that neither side is entitled to recover any amount from the other. (Pet., Attachment 8(c), p. 3.) Therefore, 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. PETITIONER SASAN LARI TO FILE PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

 

 

Court clerk to give notice.