Judge: Mark E. Windham, Case: 22STCP02241, Date: 2023-04-17 Tentative Ruling

Case Number: 22STCP02241    Hearing Date: April 17, 2023    Dept: 26

PROCEEDINGS:     PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY:   Petitioner Worldwide Telecommunications, Inc.

RESP. PARTY:         Respondent JJLR, LLC

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

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: Although both parties were in pro per for the entire arbitration proceeding, the arbitrator failed to serve documents by mail, as required. Instead, the documents were emailed, which shows the arbitrators bias and prejudice. The arbitrator also allowed Respondent to appear in pro per, due to their bias and prejudice, despite the well-known rule that business cannot represent themselves.

REPLY: The AAA rules allow corporations to represent themselves. There is no evidence of bias or prejudice to undo the award and Respondent was provided every opportunity to present evidence in its defense.

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 APRIL 15, 2022 UNTIL ENTRY OF JUDGMENT, AND $2,125.00 IN ARBITRATION FEES. RESPONDENT JJLR, LLC’S REQUEST TO VACATE THE ARBITRATION AWARD IS DENIED.

PETITIONER IS TO FILE A PROPOSED JUDGMENT WITHIN 20 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 regarding status of Petitioner’s legal representation was discharged on December 20, 2022. (Minute Order, 12/20/22.)

The Petition then came for hearing again on January 17, 2023, at which time both parties appeared. (Minute Order, 01/17/23.) The Court continued the hearing to February 21, 2023. (Ibid.) Respondent filed a substitution of attorney and response to the Petition on February 21, 2023. The Court then again continued the hearing to allow Petitioner to reply and to consider all the moving papers. (Minute Order, 02/21/23.) Petitioner filed a reply on April 3, 2023.

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 (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 effective August 6, 2022 by certified mail with confirmation of receipt. (Proof of Service, filed 09/20/22.) This complies with the requirements for service of a Summons pursuant to Code of Civil Procedure section 415.40. Therefore, the Court finds that the service requirements of Code of Civil Procedure section 1290.4 have been met.

Service of the Response and Request to Vacate Arbitration Award

The response to a petition to confirm arbitration award must be filed within ten days of service of the Petition, unless the Petition was served in the same manner as provided for service of a summons, in which case the response must be served within 30 days. (Code Civ. Proc., § 1290.6.) The time to respond may also be extended by court order for good cause. (Code Civ. Proc., § 1290.6.) Respondent did not file or serve a response to the Petition within 30 days of service, which was September 5, 2022. The response was served on February 19, 2023 and does not address why the deadline should be extended by almost six months for good cause.

Additionally, “[a] petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner.” (Code Civ. Proc., § 1288.) The Petition states that the Award was served on the parties on March 16, 2022 but no proof of service supports this contention. (See Pet., ¶9 and Attachment 8(c).) The Award, however, was served on Respondent in connection with the instant Petition. As noted above, the Petition and Award were served on Respondent by certified mail with return receipt requested effective August 6, 2022. (See Code. Civ. Proc., § 415.40.) 100 days after August 6, 2022 was November 14, 2022. The time for Respondent to have served its request to vacate the arbitration award had expired by the time the response was filed and served. This deadline is jurisdictional and cannot be waived. (Code Civ. Proc., § 1288; Law Finance Group, LLC v. Key (2021) 67 Cal.App.5th 307, 322.) Therefore, Respondent’s request to vacate the arbitration award must be denied.

Service of the Arbitration Award and Timing of Service of Petition (CCP §§ 1283.6, 1288, 1288.4)

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.) Also, 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.)

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. The Petition was timely served four months after the Award was issued.

Merits of the Petition to Confirm Arbitration Award

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).) 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 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).

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 APRIL 15, 2022 UNTIL ENTRY OF JUDGMENT, AND $2,125.00 IN ARBITRATION FEES. RESPONDENT JJLR, LLC’S REQUEST TO VACATE THE ARBITRATION AWARD IS DENIED.

PETITIONER IS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

Moving party is to give notice.