Judge Mark E. Windham, Case Number: 24STCP00963, Date: 2024-07-31 Tentative Ruling

Judge: Mark E. Windham, Case: 24STCP00963, Date: 2024-07-31 Tentative Ruling

Case Number: 24STCP00963 Hearing Date: July 31, 2024 Dept: 26

Carrillo v. Becerra, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Fabian Carrillo’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 30, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY SEPTEMBER 30, 2024, PETITIONER IS TO FILE AND SERVE AN AMENDED PETITION THAT CORRECTS THE DEFECTS NOTED HEREIN. PROOF OF SERVICE OF THE AMENDED PETITION AND NOTICE OF NEW HEARING DATE ARE TO FILED BY OCTOBER 9, 2024. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED.

ANALYSIS:

On March 17, 2024, Petitioner Fabian Carrillo (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Laura Becerra (“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 Respondents “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 required by Code of Civil Procedure section 1290.4. The arbitration agreement is not attached to the Petition, therefore, the Court cannot determine in what manner the Petition and Notice of Hearing must be served. Without a proof of service, the Court cannot find 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 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.) As no copy of the arbitration award is attached to the Petition, the Court cannot find that service of the arbitration award meets the statutory requirements.

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.) Petitioner also 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 does not comply with the above requirements. It does not set forth the nature of the arbitration agreement nor attach a copy of the agreement, and it does not name the arbitrator. (Pet., ¶¶4-4.) Substantively, the Court cannot determine to what award Petitioner is entitled.

Conclusion

Petitioner to give notice.