Judge: Maurice A. Leiter, Case: 22STCP01235, Date: 2023-04-28 Tentative Ruling

Case Number: 22STCP01235    Hearing Date: April 28, 2023    Dept: 54

Hearing Date: April 28, 2023

Department 54, Judge Maurice A. Leiter

Petition to Confirm Arbitration Award

Moving Party: Petitioner Credit Acceptance Corporation

Responding Party: None

T/R:    THE PETITION IS CONTINUED TO JUNE 16, 2023 AT 9:00 AM TO ALLOW FOR SERVICE ON RESPONDENT.

            PETITIONER TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.  (CCP § 1285.)  Petitioner has complied with CCP § 1285.4 insofar as it has stated the name of the arbitrator (Alan Olschwang), attached documents evidencing an agreement to arbitrate, and attached a copy of the arbitration award.

The requirements for service of arbitration petitions are in Code of Civil Procedure section 1290.4. If the agreement sets forth a method of service for the petition, that method governs. (CCP §1290.4(a).) If the arbitration agreement does not set forth a method, service shall be made in the manner provided by law for service of summons in an action if the party has not appeared. (CCP § 1290.4(b).) If the party upon whom the petition is to be made has appeared, service can be made by noticed motion. (CCP § 1290.4(c).)  

Respondent was served with the petition by mail. Petitioner does not state that the arbitration agreement allows service by mail, nor does the Court see such a provision in the agreement. Accordingly, the petition had to be served in the same manner as service of summons and complaint.

The Court notes that Respondent filed a document titled “Writ of Quo Warranto” on April 24, 2023. The Court does not make a finding regarding whether this filing constitutes a general appearance. Regardless, Petitioner filed and served the petition before Respondent filed this document. The petition must be served again.

            The petition is CONTINUED to June 16, 2023 at 9:00 am to allow proper service on Respondent.