I. BACKGROUND 

On December 15, 2023, Arbitrator Lorin Brennan, through the International Centre For Dispute Resolution, issued an arbitration award in favor of Petitioner Fantawild Animation, Inc. (“Petitioner”) and against Respondent Nowa Filmlatka Distribution SP. Z.O.O. (“Respondent”) in the amount of $87,000 and for Respondent to deliver to Petitioner all materials for three animated motion pictures (Boonie Bears: Back to Earth, Boonie Bears: Blast Into The Past, and Boonie Bears: The Wild Life) previously delivered to Respondent.  (Pet. ¶¶ 8, 10; Attachment 10(g).) 

On January 22, 2024, Petitioner filed the instant Petition to Confirm Arbitration Award (“Petition”) against Respondent. 

II. CONFIRM ARBITRATION AWARD 

Once arbitration is concluded, “any arbitrator’s award is enforceable only when confirmed as a judgment of the superior court.”¿ (O’Hare v. Municipal Resource Consultants (2003) 107¿Cal.App.4th 267, 278.). Any of the parties may file a petition with the court, which must then “confirm the award, correct and confirm it, vacate it, or dismiss the petition.”¿ (Code¿of¿Civil¿Proc.¿§§¿1285, 1286; EHM Productions, Inc. v. Starline Tours of Hollywood,¿Inc.¿(2018) 21 Cal.App.5th 1058, 1063.) “It is well settled that the scope of judicial review of arbitration awards is extremely narrow.”¿(California Faculty Assn. v. Superior Court¿(1998) 63 Cal.App.4th 935, 943.)¿ “Neither the trial court, nor the appellate court, may ‘review the merits of the dispute, the sufficiency of the evidence, or the arbitrator’s reasoning, nor may we correct or review an award because of an arbitrator’s legal or factual error, even if it appears on the award’s face.” (EHM Productions, supra, at p. 1063-64.) 

CCP § 1285.4 states: “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.¿(c) (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”¿ 

Petitioner submits a summary of the provision in Paragraph V.B. of the agreement providing for an arbitration agreement entered on May 9, 2022. (Pet., ¶ 4.)  The arbitration was conducted by Arbitrator Ashlei Vargas.  (Pet., ¶ 6).) A copy of the arbitration award and written opinion is attached to the petition. (Pet. ¶10(g), Attachment 10(g).)  Petitioner has thus satisfied CCP section 1285.4 requirements. 

CCP § 1290.4 states in pertinent part:¿¿ 

¿“(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.¿ 

¿(b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision: [¶] (1) Service within this State shall be made in the manner provided by law for the service of summons in an action.”¿ 

¿ Here, Petitioner does not state whether the arbitration agreement provides the manner for service of the petition and notice.¿The petition and notice thus must be served in the same manner as a summons in an action. 

The proof of service filed on April 9, 2024 shows only that the summons, complaint (i.e. the Petition), and notice of case assignment were served on Respondent at a Polish address in reference to CCP Section 1290.4(b)(2), with return receipt for International Registered Mail attached thereto. 

Here, the Petition did not include a notice of hearing, nor is there any proof of service demonstrating that a notice of hearing was served on Respondent within the timeframe prescribed by CCP § 1005(b). Petitioner is required to give Respondent notice of the time and place of hearing to confirm the arbitration award. 

Petitioner has thus failed to serve the notice of hearing in compliance with CCP section 1290.4.