Judge: Mark H. Epstein, Case: 23SMCVP00588, Date: 2024-06-04 Tentative Ruling

Case Number: 23SMCVP00588    Hearing Date: June 4, 2024    Dept: I

Assuming that proper service was made (and the court will need to see evidence of it), the court will GRANT the unopposed motion to confirm the arbitration award.  The underlying award awarded petitioner $46,090 in damages.  Petitioner sought to confirm the award and there is no opposition to it.  The court has reviewed the award and it appears to be proper.  In the answer, respondent contends that there is no understanding as to how the arbitrator arrived at the damages figure and that  respondent cannot pay the award.  But the court’s job is not to determine whether the arbitrator “got it right” or to determine if the respondent can afford to satisfy the award; rather the court’s job is only to see if there is some facial or other infirmity with the award that would preclude confirmation on the very limited bases upon which the court could refuse confirmation.  (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1.)  There is no such infirmity here that the court could see and the award is therefore CONFIRMED.  Plaintiff will submit a proposed judgment within 15 court days.