Judge Mark E. Windham, Case Number: 24STCP00687, Date: 2024-07-09 Tentative Ruling

Judge: Mark E. Windham, Case: 24STCP00687, Date: 2024-07-09 Tentative Ruling

Case Number: 24STCP00687 Hearing Date: July 9, 2024 Dept: 26

The High Way, LLC v. Mulqueeney, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

The High Way, LLC’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 8, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY SEPTEMBER 10, 2024, PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF HEARING THAT CONFORMS TO THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DENIED.

ANALYSIS:

On March 5, 2024, Petitioner The High Way, LLC (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondent Michael Connor Mulqueeney (“Respondent”). No proof of service of, nor opposition 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

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. As the arbitration agreement does not provide for the manner of service of the Petition and Notice of Hearing, those papers must be served in the manner of service for a summons. (Pet., Attachment 4(b).) Therefore, the Court cannot find that the requirements of Code of Civil Procedure section 1290.4 are satisfied.

Conclusion

Based on the foregoing, Petitioner The High Way, LLC’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 8, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY SEPTEMBER 10, 2024, PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF HEARING THAT CONFORMS TO THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DENIED.

Petitioner to give notice.