Judge: Michael P. Linfield, Case: 20STCV37561, Date: 2022-10-20 Tentative Ruling

Case Number: 20STCV37561    Hearing Date: October 20, 2022    Dept: 34

SUBJECT:         Motion to Confirm Arbitration Award

Moving Party:  Defendant Smart & Final LLC

Resp. Party:    None

Defendant’s Motion to Confirm Arbitration Award is GRANTED. This matter is DISMISSED WITHOUT PREJUDICE.

BACKGROUND:

        On October 1, 2020, Plaintiff Eloisa Martinez filed this Complaint against Defendants Smart & Final LLC, Smart & Final Stores LLC, Smart & Final Properties I LLC, Smart & Final Logistics LLC, Luis Martinez, and Manuel Doe.

        On February 9, 2021, pursuant to the joint stipulation of the parties, the Court ordered the parties to arbitration.

        On August 4, 2022, the arbitrator granted Defendant Smart & Final Stores, LLC’s motion for terminating sanctions and denied Defendant’s request for monetary sanctions.

On August 26, 2022, Defendant Smart & Final Stores, LLC petitioned the Court to confirm the arbitration award. The Petition contains: (1) the Mutual Arbitration Agreement; (2) the arbitrator’s written opinion and award; and (3) the name of the arbitrator.

        On September 20, 2022, Defendant Smart & Final Stores, LLC moved the Court to confirm the arbitration award. Defendant concurrently filed: (1) Proposed Order granting the Motion; (2) Memorandum of Points and Authorities in support of the Motion; and (3) Declaration of Michael Healy in support of the Motion. Among other things, the Declaration contains the same items listed above as in the Petition.  

        No opposition or other response has been filed.

ANALYSIS:

I.           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. (Code of Civ. Proc. §1285.) When a petition to confirm an award is filed, the superior court has four courses of conduct available: to confirm the award, to correct and confirm it, to vacate it, or to dismiss the petition. (Cooper v. Lavely & Singer Professional Corp. (2014) 230 Cal.App.4th 1, 10.) Arbitration awards are subject to very limited judicial review, and the merits of the controversy are not reviewable on a petition to confirm, vacate, or correct. (Cinel v. Christopher (2012) 203 Cal.App.4th 759, fn. 5.) Thus, an arbitration award may only be vacated if (1) the award was procured by corruption, fraud or other undue means, (2) there was corruption in any of the arbitrators, (3) the rights of the party were substantially prejudiced by misconduct of a neutral arbitrator, (4) the arbitrators exceeded their powers, (5) the rights of the party were substantially prejudiced by the refusal of the arbitrators to postpone the hearing, or (6) the arbitrator making the award failed to disclose a ground for disqualification or failed to disqualify himself or herself as required upon receipt of timely demand. (Code of Civ. Proc., §1286.2.)

The procedural requirements of a petition to confirm an arbitration award require the petition to:

“(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.

(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

(Code of Civ. Proc., §1285.4.)

II.        Discussion

Defendant Smart & Final Stores, LLC seeks to confirm the arbitration award that was rendered on August 4, 2022. Defendant has met all the requirements for confirming a petition by providing the mutual arbitration agreement, the name of the arbitrator, and the written opinion and award of the arbitrator.

Plaintiff has not opposed the Motion and thus has not given the Court any reason not to grant the Motion.

III.     Conclusion

 Accordingly, Defendant’s Motion to Confirm Arbitration Award is GRANTED. This matter is DISMISSED WITHOUT PREJUDICE.