Judge: Mark E. Windham, Case: 23STCP04499, Date: 2024-05-14 Tentative Ruling

Case Number: 23STCP04499    Hearing Date: May 14, 2024    Dept: 26

Roberts v. Caraccioli, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Jordan Roberts’ Petition to Confirm Arbitration Award is CONTINUED TO JULY 16, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JULY 1, 2024, PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF HEARING DATE ON RESPONDENT. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED.

ANALYSIS:

On December 14, 2023, Petitioner Jordan Roberts (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Carlos Caraccioli (“Respondent”). The Petition was initially set for hearing on April 18, 2024 but continued the day before to May 14, 2024 with an order from the Court for Petitioner to give notice to all parties. (Notice Re: Continuance, 04/17/24.) No proof of service of the Petition or hearing date has been filed, nor has any response to the Petition been filed to date.

Discussion

Confirmation of the arbitration award is sought under Code of Civil Procedure section 1285, et seq., which states “[a]ny 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. 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, however, has not filed proof of service of the Petition and Notice of Hearing. Therefore, the Court cannot find 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 is accompanied by a proof of service by certified mail. (Pet., Attachment 8(c), p. 11.)

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.) Without any proof of service of the Petition, Petitioner has not demonstrated compliance with 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.  (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., ¶4.) A copy of the arbitration award is also attached. (Id. at Attachment 8(c).) Substantively, the Petition demonstrates that Petitioner is entitled to an award of $18,532.05 from Respondent. (Id. at Attachment 8(c), p. 10.)

Attorney’s Fees, Costs and Interest

The interest sought by Petitioner, seven percent per annum from 30 days after the award was issued, is appropriate pursuant to Civil Code section 3289, subdivision (b).

Conclusion

Petitioner Jordan Roberts’ Petition to Confirm Arbitration Award is CONTINUED TO JULY 9, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JUNE 25, 2024, PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF HEARING DATE ON RESPONDENT. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED.

Moving party to give notice.