Judge: Mark E. Windham, Case: 22STCP01261, Date: 2022-08-31 Tentative Ruling

Case Number: 22STCP01261    Hearing Date: August 31, 2022    Dept: 26

PROCEEDINGS:     PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY:   Petitioner Jeffer Mangels Butler & Mitchell, LLP

RESP. PARTY:         None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Jeffer Mangels Butler & Mitchell, LLP’s Petition to Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER IN THE AMOUNT OF $23,690.69.

PROPOSED JUDGMENT TO BE FILED AND SERVED WITHIN 10 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

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 August 29, 2022.

REPLY: None filed as of August 29, 2022.

ANALYSIS:

On November 18, 2021, an Arbitration Award (“the Award”) was issued in favor of Jeffer Mangels Butler & Mitchell, LLP (“Petitioner”) and against Eve Lopez, Esq. (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on April 11, 2022. The Petition was continued by the Court from August 15, 2022 to August 31, 2022. Notice of the continuance was filed on May 6, 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 provides that service under Code of Civil Procedure section 1290.4 may be accomplished by regular mail. (Pet., Exh. 1, ¶11.) The Petition and Notice of Hearing were sub-served on Respondent on April 12, 2022, which is a “manner provided by law for the service of summons in an action.” (Proof of Service, filed 04/15/22; Code Civ. Proc., § 415.20.) Notice of the continuance was served by regular mail, as provided for in the agreement (Notice of Continuance, filed 05/06/22.) Therefore, the Court finds that the requirements of Code of Civil Procedure section 1290.4 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 arbitrator, 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 Award was served by electronic mail on November 19, 2021, which does not comply with the statute or the arbitration agreement. (Pet., Exh. 2, Proof of Service.) However, a copy of the Award was also served on Respondent with the instant Petition, service of which complied with the requirements of Code of Civil Procedure section 1290.4. Therefore, the Court finds that requirements of Code of Civil Procedure section 1283.6 are met.

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.) The Petition was timely served on April 11, 2022, five months after the Award was issued on November 18, 2021.

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., Exhs. 1-2.) The Petition also attaches a copy of the Award, which awards Petitioner $23,690.69 against Respondent. (Id. at Exh. 2, p. 4.) 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. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER IN THE AMOUNT OF $23,690.69.

PROPOSED JUDGMENT TO BE FILED AND SERVED WITHIN 10 DAYS OF THIS ORDER.

Petitioner to give notice.