Judge: Mark E. Windham, Case: 24STCP00201, Date: 2024-05-24 Tentative Ruling

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Case Number: 24STCP00201    Hearing Date: May 24, 2024    Dept: 26

  

Avila v. American Complete Home Services, Inc., et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

 

Petitioner Maria Avila’s Petition to Confirm Arbitration Award is GRANTED. JUDGMENT IS TO BE ENTERED IN FAVOR OF PETITIONER MARIA AVILA IN THE AMOUNT OF $15,000.00 PRINCIPAL PLUS INTEREST AT TEN PERCENT PER ANNUM FROM APRIL 19, 2023. PETITIONER IS TO FILE AND SERVE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER

 

ANALYSIS:

 

On April 19, 2023, an arbitrator issued an Arbitration Award in favor of Maria Avila (“Petitioner”) and against American Complete Home Services, Inc. dba American Air Conditioning & Heating (“Respondent”). On January 19, 2024, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). Petitioner filed proof of service of the Petition on May 1, 2024. 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).)

 

The arbitration agreement does not provide for the manner of service of the Petition and Notice of Hearing, which therefore must be served in the manner of service for a summons. (Pet., Attachment 4(b).) The Petition and Notice of Hearing were personally served on Respondent on April 29, 2024. (Proof of Service by Mail, filed 05/01/24, ¶¶2-3.) 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 arbitration, 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.) As the Award was served with the Petition on April 29, 2024, the requirements of Code of Civil Procedure section 1283.6 are met. (Pet., Attachment 8(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. (CCP §§ 1288, 1288.4.) The Petition was timely served less than a year 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 includes a copy of the agreement to arbitrate. (Pet., Attachment 4(b) at p. 9.) The parties entered into a written contract on December 1, 2021, containing an arbitration provision. (Ibid.) The Petition sets forth the name of the Arbitrator (Hon. Susan Nauss Exon) and attaches a copy of the written award. (Id. at Attachment 8(c).) Petitioner demonstrates that on April 19, 2023, the arbitrator issued an award requiring Respondent to pay Petitioner $15,000.00 in damages in full consideration for all claims. (Id. at Attachment 8(c), p. 2.) The parties were to bear the administrative fees and expenses relating to arbitration as incurred. (Ibid.) The Court finds that the substantive portion of the Petition has been satisfied.

 

Interest and Costs

 

Petitioner seeks interest at ten percent per annum from April 19, 2023, which the Court awards. (Pet., ¶10(d).) “[A] successful party to arbitration is entitled to post-award, pre-judgment interest under Civil Code section 3287, subdivision (a). (Pierotti v. Torian (2000) 81 Cal.App.4th 17, 27.) The rate awarded is that stipulated by the contract or, if not stipulated, ten percent. (Civ. Code, § 3289.) Petitioner also seeks costs of $875.00 based on the arbitrator’s fee. (Pet., ¶10(e) and Attachment 10(e). These costs are denied based on the express ruling of the arbitrator that the parties were to bear the compensation and expenses of the arbitrator as incurred. (Id. at Attachment 8(c), p. 2.)

 

Conclusion

 

Based on the foregoing, the Petition to Confirm Arbitration Award is GRANTED. JUDGMENT IS TO BE ENTERED IN FAVOR OF PETITIONER MARIA AVILA IN THE AMOUNT OF $15,000.00 PRINCIPAL PLUS INTEREST AT TEN PERCENT PER ANNUM FROM APRIL 19, 2023. PETITIONER IS TO FILE AND SERVE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

 

Petitioner to give notice.