Judge: Michael E. Whitaker, Case: 25SMCV01308, Date: 2025-05-14 Tentative Ruling

Case Number: 25SMCV01308    Hearing Date: May 14, 2025    Dept: 207

TENTATIVE RULING

BACKGROUND

            This case arises from a dispute over legal fees. 

On February 7, 2025, a panel of arbitrators issued an arbitration award.  On March 13, 2025, Plaintiffs Sarah Rahn and Scott Rahn (“Plaintiffs”) filed suit against Defendants and Petitioners Timothy D. Reuben, Inc. d/b/a Reuben Raucher & Blum, PC and Stephanie Blum, Esq. (“Defendants”) for a trial de novo of their legal fee dispute and for declaratory relief. 

Defendants now petition for an order correcting and/or confirming the arbitration award and entering judgment accordingly.  The petition is unopposed.

LEGAL STANDARD

            “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.  The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.”  (Code Civ. Proc., § 1285.)

            “A petition under this chapter shall: (a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement; (b) Set forth the names of the arbitrators; and (c) Set forth or have attached 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, whether rendered in this state or another state, 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.)

ANALYSIS

            As a threshold matter, a petition must either attach a copy of the arbitration agreement and arbitration award or set forth the substance of the arbitration agreement and award and the names of the arbitrators.  (Code Civ. Proc., § 1285.4.)  Further, Code of Civil Procedure section 1290.4 requires the Petition and Notice of Hearing to be served on Respondent “in the manner provided in the arbitration agreement for the service of such petition and notice.” 

            Here, although the Raucher Declaration indicates the Arbitrator Findings and Award is attached as Exhibit A and the Application for Correction of Arbitration Award is attached as Exhibit B, no such exhibits were attached to the Raucher Declaration.  Further, the arbitration agreement is not attached, nor are the substantive terms of such agreement provided.

            As such, the Court cannot determine whether service of the petition was properly made in accordance with the terms of the arbitration award, nor can the Court properly analyze the substance of Defendant’s petition.

CONCLUSION AND ORDER

For the foregoing reasons, the Court denies the Petition without prejudice on procedural grounds. 

Defendants shall provide notice of the Court’s order and file the notice with a proof of service forthwith. 

DATED:  May 14, 2025                                                         ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court