Judge: Martha K. Gooding, Case: 2019-01067597, Date: 2022-10-03 Tentative Ruling

1) Petition to Confirm Arbitration Award

2) Order to Show Cause re: Dismissal on Settled Case

The Court grants the unopposed Motion by Defendant Western Digital Corporation (“Defendant”) to confirm the arbitration award entered as to Plaintiff Paula Noone’s Complaint against Defendant.

This arbitration stemmed from an arbitration agreement between the parties signed as part of Plaintiff’s employment with Defendant. Plaintiff stipulated to arbitration. (ROA 10.)

This matter was arbitrated with JAMS before the Honorable Rex Heeseman (Ret.), who granted Defendant’s Motion for Summary Judgment or in the Alternative Summary Adjudication as to all claims asserted by Noone except for Plaintiff’s second claim for retaliation. Thereafter, the parties entered into a settlement agreement, which the arbitrator found was valid and enforceable.  Based on Defendant’s proof that it had fulfilled its obligations under the settlement agreement, the arbitrator entered an order dismissing Plaintiff’s claims with prejudice. See Declaration of Julie R. Trotter and Exhibits thereto.

This Motion was timely filed on 6/30/22, more than 10 days but fewer than 4 years after service of the award on the parties on 1/7/22. [CCP §§ 1288, 1288.4]

Unless a petition to correct or vacate the award has been timely filed, the court must render a judgment confirming the arbitrator's award. [See CCP § 1286—“the court shall confirm the award as made …”; see also Valsan Partners Ltd. Partnership v. Calcor Space Facility, Inc. (1994) 25 CA4th 809, 818—no authority to alter terms of award absent petition to correct; Weinberg v. Safeco Ins. Co. (2004) 114 CA4th 1075, 1083-1084 (disapproved on other grounds by Barnett v. First Nat'l Ins. Co. of America (2010) 184 CA4th 1454, 1460-1461.)]

Here, Defendant has met all requirements. (CCP § 1285.4). Further, the court has jurisdiction and finds venue proper. [See CCP §§ 1292, 1292.2, 1293; Reisman v. Shahverdian (1984) 153 CA3d 1074, 1086.]

The Motion is GRANTED.

Defendant is ordered to give notice.