Judge: Mark E. Windham, Case: 22STCP01194, Date: 2022-08-04 Tentative Ruling

Case Number: 22STCP01194    Hearing Date: August 4, 2022    Dept: 26

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner North American Bancard, LLC’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 27, 2022 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY OCTOBER 10, 2022, PETITIONER IS TO FILE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED.

ANALYSIS:

On March 16, 2022, an Arbitration Award was issued in favor of North American Bancard, LLC (“Petitioner”) and against Respondents OVC Corporation d/b/a Fire Marketing Partners (“Respondent OVC”) and Onosma Chea (“Respondent Chea”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on April 1, 2022. Proofs of service were filed on May 9, 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).)

The arbitration agreement does not provide the manner in which the Petition and Notice of Hearing should be served. (Pet., Attachment 4(b), ¶1.50.) 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. Proof of service has been filed with respect to Respondent Chea and demonstrates personal service of the Petition and Notice of Hearing. (Proof of Service, 05/09/22.) However, the proof of service as to Respondent OVC is facially defective. Although it purports to be proof of personal service, the document does not indicate the person to whom the papers were delivered. (Proof of Service, filed 05/09/22, ¶3.) Without showing that the Petition and Notice of Hearing were delivered to Respondent OVC’s agent for service of process, the proof of service fails to demonstrate personal service of the papers. Nor does it show any other manner of service under Code of Civil Procedure sections 415.10 through 415.95. Therefore, Petitioner has not demonstrated compliance with Code of Civil Procedure section 1290.4 with respect to Respondent OVC.

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 copy of the Arbitration Award is not accompanied by any proof of service. (Pet., Attachment 8(c).) Nor has Petitioner shown that the Award was served on Respondent OVC with the instant Petition, based on the lack of proof of service of the Petition discussed above. Until proper service of the Petition, Notice of Hearing and Arbitration Award have been demonstrated, the Court cannot determine if 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 awards Petitioner $19,234.22. 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 CONTINUED TO OCTOBER 27, 2022 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY OCTOBER 10, 2022, PETITIONER IS TO FILE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED.

Court clerk to give notice.