Judge: Michael Shultz, Case: 22CMCV00130, Date: 2024-02-01 Tentative Ruling
INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:
1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.
2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and
3. Serve notice of the Court's ruling on all parties entitled to receive service.
If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on.
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Case Number: 22CMCV00130 Hearing Date: March 19, 2024 Dept: A
22CMCV00130
Icure Pharmaceutical, Inc. v. SRAM and MRAM Technologies, et al.
[TENTATIVE] ORDER GRANTING
PLAINTIFF’S MOTION TO CONFIRM ARBITRATION AWARD
I.
BACKGROUND
This
action arises from a contract dispute involving Plaintiff’s purchase of
examination gloves from Defendants. The first amended complaint alleges that
the gloves did not conform to specifications. Plaintiff alleges claims for
fraud, civil conspiracy, conversion, breach of contract, and unjust enrichment.
On
October 14, 2022, the Court stayed the action while the parties arbitrated
their dispute pursuant to the parties’ stipulation. (Ord.
10/14/22.) On January 18, 2023, the Court granted counsel’s motion to be
relieved as counsel of record for Defendants, who are currently unrepresented
in this action. The arbitrator issued
a final award in favor of Plaintiff for $9,155, 642 and against Defendants, SRAM
and MRAM Technologies Limited; SRAM and MRAM Group; and SRAM & MRAM
Technologies and Resources. (Mot.
Ex. 8(c), .pdf p. 176.)
On
February 1, 2024, Plaintiff timely filed this noticed motion to confirm the
arbitration award. Plaintiff timely served the motion on all parties, and no
opposition has been filed.
II.
DISCUSSION
Where a
petition to confirm the arbitration award 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.)
If the
court confirms the award, "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.)
III.
CONCLUSION
The
Court’s file does not reflect that any party has moved to vacate or correct the
award. As such, Plaintiff’s motion is GRANTED. Plaintiff is ordered to submit a
proposed judgment.