Judge: Mark E. Windham, Case: 22STCP01434, Date: 2022-08-31 Tentative Ruling

Case Number: 22STCP01434    Hearing Date: August 31, 2022    Dept: 26

PROCEEDINGS:     PETITIONS TO CONFIRM ARBITRATION AWARD

MOVING PARTY:   Petitioner American Home Shield Corporation

RESP. PARTY:         None

 

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

 

 

TENTATIVE RULING:

 

Petitioner American Home Shield Corporation’s Petitions to Confirm Arbitration Awards are CONTINUED TO NOVEMBER 2, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY OCTOBER 17, 2022, PETITIONER IS TO FILE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO DO SO MAY RESULT IN THE PETITIONS BEING DISMISSED.

 

 

SERVICE:

 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300)         NO

[   ] Correct Address (CCP §§ 1013, 1013a)                          NO

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))           NO

[   ] Manner of Service (CCP § 1290.4)                                 NO

 

SUMMARY OF PROCEEDINGS: Petitions to confirm arbitration awards.

 

RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration awards.

 

OPPOSITION: None filed as of August 29, 2022.

 

REPLY: None filed as of August 29, 2022.

 

 

ANALYSIS:

 

On June 21, 2021, September 16, 2021, October 7, 2021, and January 6, 2022, Arbitration Awards were issued in favor of American Home Shield Corporation (“Petitioner”) and against Respondent Aaron Micahel (“Respondent”). Petitioner filed the instant Petitions to Confirm Arbitration Awards (the “Petition”) on April 20, 2022. Proof of service of the Petition and Notice of Hearing was filed on April 21, 2022. Proof of service of the Notice of 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 Petitions 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 Petitions and Notice of Hearing should be served. (Pet., Attachment 4(b), §M(2).) It follows that service of the papers 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 proof of service of the Petitions and Notice of Hearing, however, only shows service by regular and electronic mail. (Proof of Service, filed 04/21/22.) Neither service by regular mail, nor electronic mail, is a manner provided for by law for service of a summons. (Code Civ. Proc., § 415.10, et seq.)

 

Therefore, Petitioner has not demonstrated compliance with Code of Civil Procedure section 1290.4.

 

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.)

 

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 arbitration agreement does not provide for the manner of service of the award. (Pet., Exhs. A-D, at Attachment 4(b), §M(2).) Therefore, the Awards had to be served by personal service or by registered or certified mail. (Code Civ. Proc., § 1283.6.) The copies of the Arbitration Awards were only served on the parties by electronic mail. (Pet., Exhs. A-D, at Attachment 8(c).) Nor has Petitioner shown that the Awards were properly served on Respondent with the instant Petitions, based on the insufficient proof of service discussed above. Until proper service of the Petitions, Notice of Hearing and Arbitration Awards 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.  (Code Civ. Proc. § 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 Petitions comply with the above requirements. They set forth the nature of the agreement to arbitrate and the names of the Arbitrators. (Pet., Exhs. A-D, at Attachment 8(c).) The Petitions also attach a copy of the Awards, which award Petitioner $4,700.00, $4,700.00, $4,700.00, and $4,200.00, respectively, for a total of $18,300.00. (Pet., Exhs. A-D, Attachments 8(c).)  Therefore, the Court finds that the substantive portion of the Petitions has been satisfied.

 

Conclusion

 

Based on the foregoing, the Petitions to Confirm Arbitration Award are CONTINUED TO NOVEMBER 2, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY OCTOBER 17, 2022, PETITIONER IS TO FILE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO DO SO MAY RESULT IN THE PETITIONS BEING DISMISSED.

 

 

Moving party to give notice.