Judge Mark E. Windham, Case 22STCP02260 2022-10-19 Tentative Ruling

Judge: Mark E. Windham, Case: 22STCP02260, Date: 2022-10-19 Tentative Ruling

Case Number: 22STCP02260 Hearing Date: October 19, 2022 Dept: 26

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Forward Financing, LLC’s Petition to Confirm Arbitration Award is CONTINUED TO NOVEMBER 16, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY NOVEMBER 1, 2022, PETITIONER IS TO FILE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED.

ANALYSIS:

Petitioner Forward Financing, LLC (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondents Rexx Cummings and Wel Kom, LLC dba The Vendor Central (“Respondents”) on June 15, 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 parties’ arbitration agreement does not provide for the manner of service of the Petition and Notice of Hearing. (Petition, Attachment 4(b), ¶10.) The Petition and Notice of Hearing must be served in the manner provided by law for service of a summons, which is set forth at Code of Civil Procedure section 415.10 to 415.95. No proof of service has been filed demonstrating service of the Petition and Notice of Hearing, however. 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.)

Again, the arbitration agreement does not provide for the manner of service of the Arbitration Award, so it must have been served personally or by registered or certified mail. The Award, however, was only served by first class mail and electronic mail. (Pet., Attachment 8(c), p. 1.) Nor has Petitioner shown that service of the Award with the instant Petition corrected for the manner of service. As noted above, Petitioner has not demonstrated service of the instant Petition and its attachments. Therefore, the Court cannot find that the manner of service of the Award and timing of the filing of this Petition complies with Code of Civil Procedure sections 1283.6, 1288, 1288.4.

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 Petition complies with the above requirements. It sets forth the nature to the arbitration agreement and name of the arbitrator. (Pet., ¶¶4-6.) A copy of the arbitration agreement is also provided. (Id. at Attachment 8(c).) Substantively, the Petition demonstrates that Petition is entitled to an award of $20,137.50. (Ibid.)

Conclusion

Moving party to give notice.