Judge Mark E. Windham, Case Number: 24STCP01366, Date: 2024-09-26 Tentative Ruling

Judge: Mark E. Windham, Case: 24STCP01366, Date: 2024-09-26 Tentative Ruling

Case Number: 24STCP01366 Hearing Date: September 26, 2024 Dept: 26

Westlake Direct, LLC v. Williams, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Westlake Direct, LLC’s Petition to Confirm Arbitration Award is DENIED WIHTOUT PREJUDICE TO FILING AND SERVING AN AMENDED PETITION THAT CONFORMS TO THE STATUTORY REQURIEMENTS, AS SET FORTH HEREIN.

ANALYSIS:

On April 29, 2024, Petitioner Westlake Direct, LLC (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondent Dirahn D. Williams (“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

As an initial matter, Petitioner is not a party to the arbitration. The arbitration award refers to “Westlake Services, LLC d/b/a Westlake Financial Services and Coastline Recovery Services.” (Pet., Attachment 8(c).) Petitioner’s contention that this is a typographical error that should be corrected must be supported as set forth in paragraph 10b of the Petition.

Additionally, no proof of service of the Petition and Notice of Hearing has been filed as required by Code of Civil Procedure section 1290.4. 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).) Accordingly, the Court finds that the requirements of Code of Civil Procedure section 1290.4 are not satisfied.

Conclusion

Petitioner to give notice.