Judge: Mark E. Windham, Case: 23STCP02201, Date: 2023-10-26 Tentative Ruling

Case Number: 23STCP02201    Hearing Date: January 4, 2024    Dept: 26

Interinsurance Exchange v. Geico Casualty Ins. Co., et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Interinsurance Exchange of the Automobile Club’s Petition to Confirm Arbitration Award is DISMISSED.

ANALYSIS:

On January 19, 2021, an Arbitration Award was issued in favor of Interinsurance Exchange of the Automobile Club (“Petitioner”) and against Geico Casualty Insurance Company (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on June 22, 2023. The Petition initially came for hearing on October 26, 2023 and was continued to allow Petitioner to demonstrate proper service of the Petition and notice of the new hearing date. (Minute Order, 10/26/23.) No new papers nor response 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).)

No proof of service of the Petition and Notice of Hearing has been filed with the Court. Therefore, the Court cannot find 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 arbitration agreement provides for service of the Award by posting on the website of Arbitration Forums, Inc. (Pet., Exh. B, Rules, § 4-3.) The Award was posted on January 19, 2021. (Pet., Exh. A, Decision, p. 1.) Therefore, the 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.) As proof of service of the Petition has not yet been filed, the Court cannot find that the Petition has been timely served as required by Code of Civil Procedure sections 1288 and 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.  (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., ¶4 and Attachment 4(B).) The Petition also attaches a copy of the Award, which awards Petitioner $3,313.06 against Respondent. (Pet., Attachment 8(c), p. 1.) The Court finds that the substantive portion of the Petition has been satisfied.

Attorney’s Fees and Costs

To the extent Petitioner requests attorney’s fees and costs according to proof (Pet., Prayer, ¶¶10(e)-(f)), those are permitted on a petition to confirm arbitration award. (Code Civ. Proc., § 1293.2; MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) If the Petitioner were granted, Petitioner would be permitted to file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700 and a noticed motion for attorney’s fees pursuant to Cal. Rules of Court Rule 3.1702.

Conclusion

Based on the Petitioner’s failure to demonstrate service of the Petition and notice of hearing date, the Petition to Confirm Arbitration Award is DISMISSED.

Court clerk to give notice.