Judge: Peter A. Hernandez, Case: 23PSCP00315, Date: 2023-09-28 Tentative Ruling

Case Number: 23PSCP00315    Hearing Date: September 28, 2023    Dept: K

Petitioner Swift Financial, LLC’s unopposed Petition to Confirm Contractual Arbitration Award is GRANTED.

Background   

On July 13, 2022, Petitioner Swift Financial, LLC, as Servicing Agent for WebBank  (“Petitioner”) filed a “Petition to Confirm Contractual Arbitration Award” (“Petition”) as against Respondents LokiTap LLC (“LokiTap”), Andrei Mirzoian (“Mirzoian”) and Does 1-10. On July 25, 2023, Petitioner filed a “Notice of Motion and Motion on Petition to Confirm Arbitration Award” (“Notice of Petition”), which set forth the September 28, 2023 hearing date.

A Case Management Conference and an Order to Show Cause Re: Failure to File Proof of Service are set for January 2, 2024.

Discussion

Petitioner seeks to confirm an April 6, 2023 contractual arbitration award.

Service of the Petition and Notice of Hearing

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).)

On July 13, 2023, the Petition was filed. On July 25, 2023, the Notice of Petition was filed. On August 10, 2023, Petitioner filed two proofs of service, which reflected that substitute service of, inter alia, the Petition and Notice of Petition was effectuated as to LokiTap and Mirzoian on August 8, 2023 and that copies of the aforesaid documents had been mailed to them on August 10, 2023. Petitioner also filed a due diligence declaration as to Mirzoian on August 10, 2023.

The court determines that LokiTap and Mirzoian were provided with adequate notice.

Merits

A petition to confirm arbitration “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) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.” (Code Civ. Proc., § 1285.4)

The petition complies with the requirements set forth above. LokiTap and Mirzoian have not filed any opposition. The petition is granted.