Nishith Bhatt v. BMW of North America, LLC, et al.

PETITION TO CONFIRM ARBITRATION AWARD

 

MOVING PARTY: Defendant BMW of North America, LLC

RESPONDING PARTY(S): Plaintiff Nishith Bhatt

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Nishith Bhatt brought this action against Defendants BMW of North America, LLC, and Del Montell Motors, LTD, for alleged violations of the Song-Beverly and negligent repair.

On October 1, 2020, this court (Judge Stuart Rice) granted Defendants’ motion to compel arbitration.

Defendant BMW now moves to confirm the arbitration award. Plaintiff filed a “Response” stating it does not oppose the motion.

TENTATIVE RULING:

Defendant is ordered to file and serve a [Proposed] Judgment within 15 days incorporating the Arbitrator’s Award, and as consistent with this ruling.

Defendant to give notice.

DISCUSSION:

Petition to Confirm Arbitration Award

A. Legal Standard

Any party to an arbitration may petition the court to confirm an arbitration award. (CCP § 1285.) If a petition to confirm an arbitration award is duly served and filed, the court must confirm the award as made, unless the court corrects or vacates the award pursuant to a response to the petition or a petition to correct or vacate the award. (CCP § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818 [no authority to alter terms of award absent petition to correct].) 

A petition to confirm an arbitration award must set forth the substance of or attach the arbitration agreement, include the name of the arbitrator, and attach a copy of the award and the written opinion of the arbitrator, if any. (CCP § 1285.4.) The petition must be served no earlier than 10 days, but no later than 4 years, after service of the award on the petitioner. (CCP §§ 1288, 1288.4.)  

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. (CCP § 1290.4(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 CCP section 415.10 et seq. (CCP § 1290.4(b)(1).) At least 10 days’ notice of the date set for the hearing on the petition must be given. (CCP §1290.2.) Service outside the state must be made by registered or certified mail, return receipt requested. (CCP § 1290.4(b)(2).) The proof of service must show such mailing together with the return receipt signed by the person served. (Id.) If service is made by registered or certified mail, return receipt requested, the hearing on the petition may not be held until at least 30 days after the date of such notice. (Id.)

B. Analysis

Defendant BMW moves to confirm the arbitration award following binding arbitration between the parties. Plaintiff filed a “Response” to the Motion indicating Plaintiff “does not contest the instant petition such that a final order and judgment may be entered.” (See Response 2: 11-12.) 

The parties arbitrated the dispute before the Honorable Joseph R. Brisco (Ret.) on December 1, 2, and 7, 2022. (See Petition ¶¶ 6, 7.) Under the award dated February 10, 2023, the Arbitrator ruled Plaintiff would take nothing on his claims. [FN 1] (Id.)

Defendant has therefore provided the arbitration agreement, the name of the arbitrator, and the written arbitration award. (CCP § 1285.4.) The petition has also been served no earlier than 10 days, but no later than 4 years, after service of the award on the petitioner. (CCP §§ 1288, 1288.4.)  

Accordingly, Defendant’s Petition to Confirm Arbitration Award is GRANTED. 

Defendant is ordered to file and serve a [Proposed] Judgment within 15 days incorporating the Arbitrator’s Award, and as consistent with this ruling.

Defendant to give notice.

IT IS SO ORDERED.

Dated:   August 24, 2023 ___________________________________