Judge Mark E. Windham, Case Number: 24STCP00415, Date: 2024-06-13 Tentative Ruling

Judge: Mark E. Windham, Case: 24STCP00415, Date: 2024-06-13 Tentative Ruling

Case Number: 24STCP00415 Hearing Date: June 13, 2024 Dept: 26

Directors Guild of America, Inc. v. Dominion Films Montreal Inc., et al.

MOTION TO CONFIRM ARBITRATION AWARD

(CCP § 1285.4)

TENTATIVE RULING:

THE PETITION TO CONFIRM ARBITRATION AWARD IS GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER DIRECTORS GUILD OF AMERICA, INC. AND AGAINST RESPONDENTS DOMINION FILMS MONTREAL INC. AND DOMINION FILMS LLC IN THE AMOUNT OF $10,080.01 RESIDUALS AND $1,824.77 LATE CHARGES THAT CONTINUE TO ACCRUE AT $3.31 PER DAY FROM JANUARY 18, 2024. COSTS ARE TO BE RECOVERED BY MEMORANDUM OF COSTS.

PETITIONER IS ENTITLED TO RECEIVE, SUBJECT TO ANY PRIOR PERFECTED SECURITY INTEREST, ALL OF RESPONDENTS’ ACCOUNTS RECEIVABLE FROM THE WORLDWIDE EXPLOITATION, DISTRIBUTION, EXHIBITION, OR OTHER USE OF THE THEATRICAL MOTION PICTURE ENTITLED LAST CAIL A.K.A. DOMINION (THE “PICTURE”) UNTIL THE AMOUNTS ABOVE ARE PAID IN FULL.

RESPONDENTS SHALL PAY HALF OF THE ARBITRATOR’S FEES AND EXPENSES OF $650.00, WHICH SHALL BE ADVANCED BY THE DGA AND RECOUPED FROM RESPONDENTS.

COSTS ARE TO BE RECOVERED BY MEMORANDUM OF COSTS.

ANALYSIS:

Petitioner Directors Guild of America, Inc. (“Petitioner”) petitions the court to confirm the arbitration award in its favor and against Respondents Dominion Films Montreal Inc. and Dominion Films LLC (“Respondents”). This action arises out of the parties’ dispute over residuals owed to employees represented by Petitioner for the production of a theatrical motion picture entitled “Last Call aka Dominio.” (Pet., ¶¶4-10.) Petitioner filed the instant Petition to Confirm Arbitration Award on February 8, 2024. To date, no opposition has been filed.

Discussion

“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.)

Filing Requirements of a Petition to Confirm Arbitration Award (CCP § 1285.4)

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.

(Code Civ. Proc., § 1285.4 (emphasis added).) Petitioner has submitted a copy of the Arbitration Agreement, name of the arbitrator, and a copy of the Arbitration Award (Pet., Exhs. A-B). This satisfies the requirements of Code of Civil Procedure section 1285.4, subdivisions (a)-(c).

Service of the Petition and Notice of Hearing (CCP § 1290.4)

Code of Civil Procedure section 1290.4 states in pertinent part:

(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.

(b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision: ¶ (1) Service 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.) Petitioner filed a proof of service showing that the Petition and Notice of Hearing were served on Respondents on February 16, 2024 by certified mail with return receipt requested. (Proof of Service by Mail, filed 09/02/21.) Service by certified mail with return receipt requested is allowed under the parties’ agreement. (Pet., Exh. A, § 2-603, subd. (b).) Therefore, the Court finds that the requirements of Code of Civil Procedure section 1290.4 have been met.

Service of the Arbitration Award (CCP § 1283.6)

Code of Civil Procedure section 1283.6 provides that: “The 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.” 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 Award was issued on January 18, 2024 and served by the arbitrator on January 22, 2024 by certified mail return receipt requested. (Pet., Exh. B, POS.) Therefore, the Court finds Code of Civil Procedure section 1283.6 is satisfied.

Timing of Service of Petition (CCP §§ 1288, 1288.4)

A party may seek a court judgment confirming an arbitration award by filing and serving a petition no more than four years, but not less than 10 days, after the award is served. (Code Civ. Proc., §§ 1288, 1288.4.) The Petition was filed and served less than one month after service of the Award, making it timely under Code of Civil Procedure sections 1288 and 1288.4.

Merits of the Petition to Confirm Arbitration Award

The court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (Code Civ. Proc., § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) Petitioner has demonstrated that the arbitrator issued an Arbitration Award in its favor and against Respondents for residuals of $10,080.01 and late charges of $1,824.77 that continue to accrue at $3.31 per day from January 18, 2024. (Pet., Exh. B, p. 3.) Petitioner is entitled to receive all Respondents’ accounts receivable from the motion picture until the above amounts are paid in full and may recoup half of its arbitration costs in the amount of $650.00. (Ibid.) Furthermore, as the Petition is unopposed, there is no basis to find the Award should not be confirmed.

Request for Costs

To the extent Petitioner requests costs according to proof (Pet., Prayer at ¶3), 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.) Petitioner may file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700.

Conclusion

RESPONDENTS SHALL PAY HALF OF THE ARBITRATOR’S FEES AND EXPENSES OF $650.00, WHICH SHALL BE ADVANCED BY THE DGA AND RECOUPED FROM RESPONDENTS.

COSTS ARE TO BE RECOVERED BY MEMORANDUM OF COSTS.

Moving party to give notice.