Judge: Michael P. Linfield, Case: 23STCP04289, Date: 2024-04-05 Tentative Ruling

Case Number: 23STCP04289    Hearing Date: April 5, 2024    Dept: 34

SUBJECT:        Petition to Confirm Contractual Arbitration Award

Moving Party: Petitioner BS Associates Company Limited

Resp. Party:    None

The Motion and the Petition are GRANTED.

The Arbitration Award is CONFIRMED in the total amount of $974,026.34, which is the total amount of the arbitration award less $500,000.00 that has already been paid on the award. 

Post-award, pre-judgment interest is AWARDED in the total amount of $89,387.70.

BACKGROUND:

        On November 22, 2023, Petitioner BS Associates Company Limited filed Judicial Council Form ADR-106, Petition to Confirm Contractual Arbitration Award against Respondent Pink Personality, Inc. (“Petition”). Petitioner concurrently filed Memorandum of Points and Authorities (“Memorandum”).

        On March 12, 2024, Petitioner filed Motion for Order Granting Petition (“Motion”). Petitioner concurrently filed its Proposed Order.

        No opposition or other response has been filed to the Petition or the Motion.

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. The petition shall name as respondents 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 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 Civ. Proc., § 1285.4, subds. (a)–(c).)

“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 proceedings.” (Code Civ. Proc., § 1286.)

“If an award is confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification; and it may be enforced like any other judgment of the court in which it is entered, in an action of the same jurisdictional classification.” (Code Civ. Proc., § 1287.4.)

II.       Discussion

On August 7, 2023, the Arbitrator, the Honorable Kirk H. Nakamura (retired), found in favor of Petitioner and against Respondent in the total amount of $1,474,026.34, which is comprised of:

(1)       $1,000,000.00 in general contractual damages;

(2)       $470,680.46 in pre-award, pre-judgment interest (which accounts for the span from the date of breach until the date of the arbitration hearing);

(3)       $273.97 per day for four days in additional pre-award, pre-judgment interest (which is the span of days from the date of the arbitration hearing to the date of the final award); and

(4)       $2,250.00 in costs.

(Petition, Attachment 8(c), pp. 16–17.)

        Petitioner moves the Court to: (1) confirm the award, less $500,000.00 that was already paid on the award; and (2) award post-award, prejudgment interest, which is separated into two amounts according to the date the $500,000.00 was paid. (Motion, p. 16:6–18.)

        Petitioner followed all the requirements of Code of Civil Procedure sections 1285, 1285.4, and 1286.

        Respondent has not opposed or otherwise responded to the Petition or the Motion.

        As the Court is not correcting the award, vacating the award, or dismissing the proceedings, the Court must confirm the award.

In addition, as the issue in this case involves contractual damages, Petitioner is entitled to the requested relief of prejudgment interest from the date of the arbitration award to the date of judgment. (Civ. Code, § 3287, subds. (a), (b); see Tenzera, Inc. v. Osterman (2012) 205 Cal.App.4th 16, 21–22 [“Section 3287 applies to arbitration awards. A prevailing party in arbitration is entitled to prejudgment interest as of the date of the final award to entry of judgment.”].) The Court does not see any error with Petitioner’s calculation of such interest.

III.     Conclusion

The Motion and the Petition are GRANTED.

The Arbitration Award is CONFIRMED in the total amount of $974,026.34, which is the total amount of the arbitration award less $500,000.00 that has already been paid on the award. 

Post-award, pre-judgment interest is AWARDED in the total amount of $89,387.70.