Judge: Mark E. Windham, Case: 23STLC04154, Date: 2024-10-01 Tentative Ruling

Case Number: 23STLC04154    Hearing Date: October 1, 2024    Dept: 26

Younge v. Delecor Investments, LLC, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Plaintiff Michael A. Younge’s Petition to Confirm Arbitration Award is GRANTED IN THE AMOUNT OF $16,839.25 PRINCIPAL, $735.00 COSTS, AND INTEREST OF TEN (10) PERCENT PER ANNUM FROM JUNE 17, 2024. PLAINTIFF IS TO FILE AND SERVE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

ANALYSIS:

On June 30, 2023, Plaintiff Michael A. Younge (“Plaintiff”) filed the instant action for breach of contract against Defendants Delecor lnvestments, LLC and Jonathan DeLeon (“Defendants”). On June 10, 2024, the parties discussed the status of the case and the Court set a status conference re: arbitration for November 27, 2024. (Minute Order,06/10/24.)

Plaintiff filed the instant Petition to Confirm Arbitration Award on July 12, 2024. No opposition has been filed to date.

Legal Standard

This Petition relates to attorney-client fee arbitration under Code of Civil Procedure section 6203. The “arbitration award shall become binding upon the passage of 30 days after service of notice of the award, unless a party has, within the 30 days, sought a trial after arbitration pursuant to Section 6204.” (Cal. Bus. & Profs. Code, § 6203, subd. (b).) The Award was served on the parties by the arbitrator on July 1, 2024. (Pet., Attachment 2, p. 31.) No trial after arbitration was sought by July 31, 2022.

Confirmation of the arbitration award may be sought in the manner provided in Code of Civil Procedure section 1285, et seq. “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

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., ¶¶1, 6.) A copy of the arbitration agreement is also attached. (Id. at Attachment 1.) Substantively, the Petition demonstrates that Plaintiff is entitled to $16,028.28 plus arbitration fees of $810.98. (Id. at Attachment 1, p. 30.) Plaintiff also seeks interest from June 17, 2024 and costs of $735.00. (Id. at ¶10.) Costs and interest are permitted pursuant to Code of Civil Procedure section 1293.2 and Civil Code section 3289, subdivision (b) and are awarded in the amount of $735.00 and ten percent per annum from June 17, 2024. (Ibid.)

Conclusion

Plaintiff Michael A. Younge’s Petition to Confirm Arbitration Award is GRANTED IN THE AMOUNT OF $16,839.25 PRINCIPAL, $735.00 COSTS, AND INTEREST OF TEN (10) PERCENT PER ANNUM FROM JUNE 17, 2024. PLAINTIFF IS TO FILE AND SERVE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

Moving party to give notice.