Judge Mark E. Windham, Case Number: 24STCP01018, Date: 2024-08-06 Tentative Ruling

Judge: Mark E. Windham, Case: 24STCP01018, Date: 2024-08-06 Tentative Ruling

Case Number: 24STCP01018 Hearing Date: August 6, 2024 Dept: 26

Vergara v. Olin, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Daniel Vergara’s Petition to Confirm Arbitration Award is CONTINUED TO NOVEMBER 5, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY OCTOBER 8, 2024, PETITIONER IS TO FILE AND SERVE PROOF OF SERVICE OF THE PETITION AND NOTICE OF THE NEW HEARING DATE, IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED.

ANALYSIS:

On April 2, 2024, Petitioner Daniel Vergara (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondent Garbiel Olin (“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 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).) Accordingly, the Court finds that the requirements of Code of Civil Procedure section 1290.4 are not satisfied.

Conclusion

Petitioner to give notice.