Judge: Michael E. Whitaker, Case: 23SMCP00370, Date: 2023-12-15 Tentative Ruling

Case Number: 23SMCP00370    Hearing Date: February 15, 2024    Dept: 207

TENTATIVE RULING

BACKGROUND

            On or about April 26, 2023, an arbitrator issued an Arbitration Award in favor of Petitioner Gursey Schneider LLP (“Petitioner”) in the amount of $357,153.02.  On July 7, 2023, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition.)  On November 16, 2023, a hearing was scheduled for December 15, 2023.  No response was filed.

            The Court previously noted that Code of Civil Procedure section 1290.4 requires that the Petition and Notice of Hearing be served on Respondent “in the manner provided in the arbitration agreement for service of such petition and notice” or “[i]f the arbitration agreement does not provide the manner in which such service shall be made … [s]ervice within this State shall be made in the manner provided by law for the service of summons in an action.”  (See December 15, 2023 Minute Order [quoting Code Civ. Proc., § 1290.4].) 

Because the Court found the Agreement does not provide the manner in which service and notice of a petition to confirm the arbitration award are to be effectuated, the Court found Petitioner’s purported service by mail to be insufficient, and held that service must be effectuated via either personal or substitute service, in accordance with the rules for service of a summons.  (See December 15, 2023 Minute Order.)

            At the hearing, Petitioner requested that in lieu of denying the Petition, the Court continue the hearing to allow Petitioner to perfect service of the Petition and provide notice of the continued confirmation hearing.  The Court agreed, and continued the confirmation hearing to February 15, 2024.

            On January 4, 2024, Petitioner filed a proof of service by mail, indicating the Petition, Notice of Hearing, and related documents were again served on Respondent by mail. 

CONCLUSION AND ORDER

The Court finds that Petitioner has failed to serve Respondent with the Petition and Notice of Hearing either personally or via substitute service in accordance with the rules for service of a summons, and pursuant to the Court’s December 15, 2023 Order.  Therefore, the Court denies the Petition without prejudice for failure to comply with the service requirements of Code of Civil Procedure section 1290.4. 

DATED:  February 15, 2024                                                  ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court