Judge: Mark E. Windham, Case: 22STCP03258, Date: 2023-01-05 Tentative Ruling
Case Number: 22STCP03258 Hearing Date: January 5, 2023 Dept: 26
PETITION TO CONFIRM ARBITRATION AWARD
(CCP § 1285, et seq.)
TENTATIVE RULING:
Petitioner Jeffer Mangels Butler
& Mitchell, LLP’s Petition to
Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF
PETITIONER IN THE AMOUNT OF $13,948.07.
PROPOSED JUDGMENT TO BE FILED AND
SERVED WITHIN 10 DAYS OF THIS ORDER.
ANALYSIS:
On May 31, 2022, an
Arbitration Award (“the Award”) was issued in favor of Jeffer Mangels
Butler & Mitchell, LLP (“Petitioner”)
and against John Bernard and Josh Shacher (“Respondents”). Petitioner
filed the instant Petition to Confirm Arbitration Award (the “Petition”) on
September 1, 2022. Proof of service of the Petition was filed on September 16,
2022.
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 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 that service under Code of Civil Procedure section 1290.4
may be accomplished by regular mail. (Pet., Exh. 1, ¶11.) The Petition and
Notice of Hearing were mailed to Respondents on September 13, 2022. (Proof of
Service, filed 09/16/22.) Therefore, the Court finds that the requirements of
Code of Civil Procedure section 1290.4 are satisfied.
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.)
The Award was
served by electronic and certified mail on May 31, 2022, which also complies
with the arbitration agreement. (Pet., Exh. 2, Proof of Service.) Therefore,
the Court finds that requirements of Code of Civil Procedure section 1283.6 are
met.
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.) The Petition was timely served on September 13, 2022, less than four
months after the Award was issued.
Confirmation of the Arbitration Award
An arbitration award
is not directly enforceable until it is confirmed by a court and judgment is
entered. (CCP § 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 of the agreement to arbitrate and
the name of the Arbitrator. (Pet.,
Exhs. 1-2.) The Petition also attaches a copy of the Award, which awards
Petitioner $13,948.07 against Respondents. (Id. at Exh. 2, p. 8.) The
Court finds that the substantive portion of the Petition has also been
satisfied.
Conclusion
Based on the foregoing, the Petition to Confirm Arbitration Award is
GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER IN THE AMOUNT OF $13,948.07.
PROPOSED JUDGMENT TO BE FILED AND
SERVED WITHIN 10 DAYS OF THIS ORDER.
Petitioner to give notice.