Judge Mark E. Windham, Case 22STCP02074 2023-02-01 Tentative Ruling

Judge: Mark E. Windham, Case: 22STCP02074, Date: 2023-02-01 Tentative Ruling

Case Number: 22STCP02074 Hearing Date: February 1, 2023 Dept: 26

Writers Guild of America, West, Inc. v. Divorce Party Productions, LLC et al.

MOTION TO CONFIRM ARBITRATION AWARD

(CCP § 1285.4)

TENTATIVE RULING:

PETITIONER WRITERS GUILD OF AMERICA, WEST, INC.’S PETITION TO CONFIRM ARBITRATION AWARD IS GRANTED IN THE AMOUNT OF $2,659.13, PLUS INTEREST IN THE AMOUNT OF $845.35, CONTINUING TO ACCRUE FROM THE AWARD DATE AT A RATE OF 1.5 PERCENT PER MONTH, PLUS $9,000.57 IN INTEREST FOR THE LATE PAYMENT.

ANALYSIS:

Petitioner Writers Guild of America, West, Inc. (“Petitioner”) petitions the court to confirm the arbitration award in its favor and against Respondents Divorce Party Productions, LLC (“Respondent Divorce Party”) and Ryan Johnson (“Respondent Johnson”) (collectively, “Respondents”). This action arises out the parties’ dispute over minimum and residual compensation owed to Petitioner’s members with respect to release of a motion picture to DVD, Pay TV and New Media. (Pet., ¶5.) Petitioner filed the instant petition on June 3, 2022.

The Petition came for hearing on November 30, 2022, at which time the Court ruled that Petitioner had not demonstrated proof of service of the Petition and Notice of Hearing on Respondent Johnson. (Minute Order, 11/30/22.) The hearing was continued to February 1, 2023. (Ibid.) Petitioner filed a Proof of Service by Mail on January 10, 2023. To date, no response has been filed.

Discussion

“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.)

Filing Requirements of a Petition to Confirm Arbitration Award (CCP § 1285.4)

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.

(Code Civ. Proc., § 1285.4 (emphasis added).) Petitioner has submitted a copy of the Arbitration Agreement, name of the arbitrator, and a copy of the Arbitration Award (Pet., ¶6 and Attachments 4(c), 8(c).) This satisfies the requirements of Code of Civil Procedure section 1285.4, subdivisions (a)-(c).

Service of the Petition and Notice of Hearing (CCP § 1290.4)

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 for service of the Petition personally or by certified mail, or if such service is not possible, by first class mail. (Pet., Attachment 4(c), Art. 11.A.6.d.) Respondent Divorce Party was personally served with the Petition and Notice of Hearing on June 10, 2022. (Proof of Personal Service, filed 06/28/22.) Respondent Divorce Party was also sub-served with the papers effective June 19, 2022. (Proof of Substitute Service, filed 06/28/22.) Petitioner has now filed proof of substitute and mail service of the Petition and Notice of Hearing as to Respondent Johnson. (Proof of Service, filed 01/10/23.) Therefore, the Court finds that the requirements of Code of Civil Procedure section 1290.4 have been met.

Service of the Arbitration Award (CCP § 1283.6)

Code of Civil Procedure section 1283.6 provides that: “The 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.” 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 issued on February 8, 2022 but is not accompanied by a proof of service. (Pet., Attachment 8(c).) Service of the Award with the instant Petition is adequate as to Respondents such that the requirements of Code of Civil Procedure section 1283.6 are now satisfied.

Timing of Service of Petition (CCP §§ 1288, 1288.4)

A party may seek a court judgment confirming an arbitration award by filing and serving a 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 Respondents four and 10 months after the Award was issued. The requirements of Code of Civil Procedure section 1288 and 1288.4, therefore, are satisfied.

Merits of the Petition to Confirm Arbitration Award

The court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (Code Civ. Proc., § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) Petitioner has demonstrated that on February 8, 2022, the arbitrator issued an Award in its favor and against Respondents for residuals in the total amount of $2,659.13, plus interest on the residuals in the total amount of $845.35, continuing to accrue from the Award date at a rate of 1.5 percent per month (18 percent per annum). (Pet., Attachment 8(c), p. 10.) The Award also includes $9,000.57 in interest for late payments. (Ibid.)

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is GRANTED IN THE AMOUNT OF $2,659.13, PLUS INTEREST IN THE AMOUNT OF $845.35, CONTINUING TO ACCRUE FROM THE AWARD DATE TO THE DATE OF JUDGMENT AT A RATE OF 18 PERCENT PER ANNUM, PLUS $9,000.57 IN INTEREST FOR THE LATE PAYMENT.

Moving party to give notice.