Judge: Mark E. Windham, Case: 22STCP02577, Date: 2022-12-13 Tentative Ruling
Case Number: 22STCP02577 Hearing Date: December 13, 2022 Dept: 26
PETITION TO CONFIRM ARBITRATION AWARD
(CCP § 1285, et seq.)
TENTATIVE
RULING:
Petitioner TSMA Consulting,
Inc.’s Petition to Confirm Arbitration Award is CONTINUED TO MARCH 14, 2023 AT
8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ORDER TO SHOW
CAUSE REGARDING PETITIONER TSMA CONSULTING, INC.’S LEGAL REPRESENTATION IS SET
FOR MARCH 1, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Petitioner TSMA Consulting, Inc. (“Petitioner”) filed the
instant Petition to Confirm Arbitration Award against Respondent Fan Shark,
Inc. (“Respondent”) on July 11, 2022. No opposition 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
Initially, the Court notes that the Petition was filed on Petitioner’s
behalf by Ryan Walker and Ben Whitehair, who do not identify themselves as
attorneys licensed to practice in California. (Pet., p. 1.) It is
black letter law that a corporation cannot represent itself in court. (Clean
Air Transport Systems v. San Mateo County Transit Dist. (1988) 198
Cal.App.3d 576, 578 (citing Merco Constr. Engineers, Inc. v. Municipal Court
(1978) 21 Cal.3d 724, 729-730).) This rule applies to all entities regarded as
separate from their owners, including partnerships and unincorporated
associations. (See Clean Air Transport Systems, supra, 19 Cal.App.3d at
578.) Therefore, Petitioner filed the Petition without proper legal
representation and must appear through an attorney.
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 Petition and
Notice of Hearing were personally served on Respondent on November 11, 2022.
(Proof of Personal Service, filed 12/05/22.) Therefore, Petitioner has
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.)
No proof of
service is attached to the copy of the arbitration award. (Pet., Attachment
8(c).)
However, insofar
as the award was served with the instant Petition, the Court finds that 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 Petition complies with the
above requirements by providing a copy of the arbitration agreement, the names
of the arbitrator, and a copy of the Award. (Pet., ¶¶4-8 and Attachments 4(b)
and 8(c).) Therefore, the Court finds that the substantive portion of the
Petition is satisfied.
Conclusion
Petitioner TSMA
Consulting, Inc.’s Petition to Confirm Arbitration Award is CONTINUED TO MARCH
14, 2023 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ORDER TO SHOW
CAUSE REGARDING PETITIONER TSMA CONSULTING, INC.’S LEGAL REPRESENTATION IS SET
FOR MARCH 1, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
Court clerk to give notice.