Judge: Mark E. Windham, Case: 23STCP01369, Date: 2023-09-14 Tentative Ruling
Case Number: 23STCP01369 Hearing Date: September 14, 2023 Dept: 26
Granato,
Esq. v. Boku International, Inc., et al.
PETITION TO CONFIRM ARBITRATION AWARD
(CCP § 1285, et seq.)
TENTATIVE RULING:
Petitioner Stephanie Granato,
Esq.’s Petition to Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED
IN FAVOR OF PETITIONER AND AGAINST RESPONDENT IN THE AMOUNT OF $18,195.00, PLUS
INTEREST AT TEN PERCENT PER ANNUM FROM JANUARY 20, 2023.
PETITIONER IS TO FILE A PROPOSED
JUDGMENT WITHIN 20 DAYS OF THIS ORDER.
ANALYSIS:
Petitioner Stephanie Granato, Esq. (“Petitioner”) filed the
instant Petition to Confirm Arbitration Award against Respondent Boku
International, Inc. (“Respondent”) on April 27, 2023. The Petition was
initially set for hearing on August 31, 2023 but was continued prior to the
hearing date to September 14, 2023. (Notice Re: Continuance of Hearing,
05/30/23.) No response to the Petition 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 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).)
Petitioner has not
shown that the parties’ arbitration agreement provides for the manner of
service of the Petition and Notice of Hearing. (Petition, ¶2.) It follows that
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
sections 415.10 to 415.95. Petitioner filed proof of service of the Petition,
Notice of Hearing and Notice Re: Continuance of Hearing and Order, by
substitute service. (Proof of Service, filed 05/08/23; Notice Re: Continuance,
filed 05/30/23.)
Therefore, the Court
finds that service of the Petition conforms to 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.) The
arbitration award was served on the parties by the arbitrator only by first-class
mail, which does not satisfy the statutory requirements. (Pet., Attachment
6(c).) However, Petitioner demonstrated that the award was served on Respondent
with the Petition. (Pet., Attachment 6(c).)
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.) Petitioner has demonstrated
compliance with Code of Civil Procedure
sections 1288 and 1288.4 by serving the instant Petition five 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. (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 of the arbitration agreement and the
name of the arbitrator. (Pet., ¶¶2, 6.) A copy of the arbitration agreement is
also attached. (Id. at Attachment 8(c).) Substantively, the Petition
demonstrates that Petitioner is entitled to an award of $18,195.00 from
Respondent, plus interest of ten percent per annum from 30 days from service of
the award. (Id. at Attachment 8(c) at p. 1.)
Conclusion
Based on the foregoing,
Petitioner Stephanie Granato, Esq.’s Petition to Confirm Arbitration Award is GRANTED.
JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER AND AGAINST RESPONDENT IN THE
AMOUNT OF $18,195.00, PLUS INTEREST AT TEN PERCENT PER ANNUM FROM JANUARY 20,
2023.
PETITIONER IS TO FILE A PROPOSED
JUDGMENT WITHIN 20 DAYS OF THIS ORDER.
Moving party to give notice.