Judge: Mark H. Epstein, Case: 25SMCP00089, Date: 2025-05-06 Tentative Ruling

Case Number: 25SMCP00089    Hearing Date: May 6, 2025    Dept: I

The court has before it petitioner’s petition to confirm an arbitration award.  The court has no opposition to the petition, neither does the court have a proof of service.  If petitioner can provide a proof of service, the court is inclined to GRANT the petition and confirm the award.  Petitioner also requests fees in the amount of $3595 pursuant to the parties’ agreement.  But the petition does not set forth that aspect of relief and it is not clear that the respondent was therefore on notice that such might be awarded today.  The court will therefore DENY the request for fees, but without prejudice to a future motion for fees.  (The court does see it in the accompanying declaration, and the petition does seek “such other and further relief as the Court may deem just and proper,” but that is not enough, at least where the prayer does not expressly say that fees are being sought.  This does not mean that fees are waived; only that better notice is required that they are being sought.  But if such a later motion is brought, petitioner should address the question whether respondent’s failure to respond means that this is in essence the equivalent of a default, and, if so, whether the normal rule that the default judgment cannot exceed the specific sum set forth in the complaint would bar fees here.)  (The court does not view this as a default judgment.  The court instead looked at the petition on its merits.)