Judge: Martha K. Gooding, Case: 19-01112937, Date: 2023-07-31 Tentative Ruling

Petition to Confirm Arbitration Award – GRANTED

The Petition by Defendants David and Sharleene Dennis (collectively, “Defendants”) to confirm arbitration award [ROA #220] is GRANTED.

A petition to confirm an arbitration award must be filed within four years from the date of service of a signed copy of the arbitration award upon the petitioner and at least 10 days after service of the award upon the petitioner.  Code Civ. Proc. §§ 1288, 1288.4.  A petition to vacate must be served and filed no later than 100 days after service of a signed copy of the award on the party seeking to vacate the award.  Code Civ. Proc. § 1288. 

A petition to confirm an arbitration award must

a)    set forth the substance of or attach a copy of the arbitration agreement;

b)    set forth the name of the arbitrators; and

c)    set forth or attach a copy of the award and the written opinion of the arbitrators, if any.  Code Civ. Proc. § 1285.4.

“If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made . . . 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.  If an award is confirmed, “judgment shall be entered in conformity therewith.”  Code Civ. Proc. § 1287.4.

Defendants’ petition is timely.  It was filed more than 10 days and less than four years after the award was issued on 10/18/22.  [Petition, ¶ 9.]

Defendants’ petition attaches the arbitration agreement, gives the name of the arbitrator, and attaches a copy of the award and the written opinion of the arbitrator.  Code Civ. Proc. § 1285.4. 

The Opposition by Plaintiffs Wayne and Sharon Reader (collectively, “Plaintiffs”) argues the arbitration award should be vacated.  Plaintiffs’ arguments are untimely.  Douglass v. Serenivision, Inc. (2018) 20 Cal.App.5th 376, 384–385; Eternity Investments, Inc. v. Brown (2007) 151 Cal.App.4th 739, 745, as modified (June 20, 2007).

Further, the Court has previously denied the petitions and motion to vacate filed by Plaintiffs.  [ROA ## 156, 197, 204, 225, 247.] Thus, pursuant to CCP sections 1286 and 1287.4, the court “shall” confirm the arbitration award and enter judgment on it. 

The Court will enter judgment on the award, plus 7% prejudgment interest under Civil Code section 3287 (prejudgment interest rate, other than breach of contract).  Defendants may file a memorandum of costs and motion for attorneys’ fees after judgment is entered.

Defendants are ordered to file and serve a proposed judgment within 7 days.

Defendants are ordered to give notice.