Judge: Mark E. Windham, Case: 22STCP02241, Date: 2023-01-17 Tentative Ruling
Case Number: 22STCP02241 Hearing Date: January 17, 2023 Dept: 26
PETITION TO CONFIRM ARBITRATION AWARD
(CCP § 1285, et seq.)
TENTATIVE RULING:
Petitioner Worldwide
Telecommunications, Inc.’s Petition to Confirm Arbitration Award is GRANTED IN
THE AMOUNT OF $4,449.95 PRINCIPAL, PLUS 18 PERCENT INTEREST PER ANNUM FROM 30
DAYS AFTER THE DATE OF THE AWARD, AND $2,125.00 IN ARBITRATION FEES.
PETITIONER IS TO FILE A PROPOSED
JUDGMENT WITHIN TEN (10) DAYS OF THIS ORDER.
ANALYSIS:
Petitioner Worldwide
Telecommunications, Inc. (“Petitioner”), in properia persona, filed the instant
Petition to Confirm Arbitration Award (the “Petition”) against JJLR, LLC dba
Kiosk Prepaid (“Respondent”), on June 14, 2022. The
Petition initially came for hearing on October 18, 2022, at which time the
matter was continued to allow Petitioner to obtain proper legal representation.
(Minute Order, 10/18/22.) Petitioner filed a substitution of attorney on
November 17, 2022. The Order to Show Cause Order to Show Cause regarding status
of Petitioner’s legal representation was discharged on December 20, 2022.
(Minute Order, 12/20/22.)
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.)
Discussion
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.
(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 (emphasis added).) Petitioner
has set forth the substance of the arbitration award and submitted a copy of
the Arbitration Agreement with the name
of the arbitrator. (Pet., ¶¶1-4; Notice of Decision.) This satisfies 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 states in pertinent part:
“(a) A copy of the
petition and a written notice of the time and place of the hearing thereof and
any other papers upon which the petition is
based shall be served in the manner provided in the arbitration
agreement for the service of such petition and notice.
(b) If the arbitration agreement does not provide the
manner in which such service shall be made and the person upon whom service is
to be made has not previously appeared in the proceeding and has not previously
been served in accordance with this subdivision: ¶ (1) Service 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.) Petitioner filed a proof of service
demonstrating that the Petition papers and notice of hearing were served on
Respondent on July 27, 2022 by certified mail with confirmation of receipt. (Proof
of Service, filed 09/20/22.) This complies with requirements for service of a
Summons pursuant to Code of Civil Procedure section 415.30. Therefore, the
Court finds that the service 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.” (Emphasis added.) 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.) A copy of the Award is attached the
Petition. (Pet., Attachment 8(c).) Petitioner, having demonstrated
service of the Award with the instant Petition, satisfied the service requirements of Code of Civil
Procedure section 1283.6.
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 four
months after the Award was issued.
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.) Substantively, Petitioner has
demonstrated that on March 16, 2022, the arbitrator issued an Award in its
favor and against Respondent in
the amount of $4,449.95 principal, plus 18 percent interest per annum from 30
days after the date of the award, and $2,125.00 in arbitration fees. (Pet.,
Attachment 8(c), pp. 1-2.)
Conclusion
Petitioner Worldwide
Telecommunications, Inc.’s Petition to Confirm Arbitration Award is GRANTED IN
THE AMOUNT OF $4,449.95 PRINCIPAL, PLUS 18 PERCENT INTEREST PER ANNUM FROM 30
DAYS AFTER THE DATE OF THE AWARD, AND $2,125.00 IN ARBITRATION FEES.
PETITIONER IS TO FILE A PROPOSED
JUDGMENT WITHIN TEN (10) DAYS OF THIS ORDER.
Moving party is to give notice.