Judge: Peter A. Hernandez, Case: 22PSCP00408, Date: 2022-10-13 Tentative Ruling

Case Number: 22PSCP00408    Hearing Date: October 13, 2022    Dept: O

The hearing on Creditor’s Adjustment Bureau, Inc.’s Petition to Confirm Contractual Arbitration Award is CONTINUED to October 27, 2022 at 9:30 a.m. for failure to demonstrate Code of Civil Procedure § 1290.4 notice.

Background   

On August 18, 2022, Petitioner Creditor’s Adjustment Bureau, Inc. (“Petitioner”), as assignee of SIIC Shanghai International Trade (Group) Co., Ltd., filed an “Petition to Confirm Contractual Arbitration Award” (“Petition”) as against Respondent Spectrum Global Enterprises, Inc. (“Spectrum”)

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 Civ. Proc., § 1285.) “A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner.” (Code Civ. Proc., § 1288.) 

A petition to confirm an arbitration award must “(a) Set forth the substance of or have attached a copy of the agreement to arbitrate . . .. (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 Civ. Proc., § 1285.4.)

“If a petition [to confirm an arbitration award] . . . is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless . . . it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (Code Civ. Proc., § 1286.)

Discussion

Petitioner seeks to confirm a May 27, 2019 contractual arbitration award.

The petition, written notice of the time and place of the hearing on the petition, and any other papers upon which the petition is based must be served in the manner provided in the arbitration agreement for service of such petition and notice. (Code Civ. Proc. § 1290.4, subd. (a).) If the arbitration agreement does not specify the required manner of service and the person being served has not yet appeared in the proceeding and has not yet previously been served, then service of the petition within the State must be made in the same manner as service of a summons and complaint pursuant to Code of Civil Procedure section 415.10 et seq. (Code Civ. Proc., § 1290.4, subd. (b)(1).)

The petition was filed on August 18, 2022. On August 19, 2022, a “Notice of Hearing on Petition” was filed wherein the court, on its own motion, set the petition for hearing on October 13, 2022 and ordered Petitioner to give notice of the hearing and filing a proof of service thereof.

Petitioner has failed to file a proof of service, as of October 10, 2022, 9:18 a.m.  California Rules of Court Rule 3.1300, subdivision (c) provides that “[p]roof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.”

Accordingly, the hearing is CONTINUED to October 27, 2022 at 9:30 a.m. Petitioner is to file a proof of service reflecting compliance with Code of Civil Procedure § 1290.4 no later than five court days prior to the continued hearing date.