The Los Angeles Kings Hockey Club, L.P., et al. v. Fuelster Technologies, Inc.

PETITION TO CONFIRM ARBITRATION AWARD

 

MOVING PARTY: Petitioners The Los Angeles Kings Hockey Club, L.P., and LA Live Properties, LLC

RESPONDING PARTY(S):  No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Petitioners The Los Angeles Kings Hockey Club, L.P., and LA Live Properties, LLC, arbitrated a dispute against Respondent Fuelster Technologies, Inc., based on Respondents failure to pay amounts due and owing under the terms of the parties' Corporate Sponsorship Agreement.

The parties arbitrated the dispute on December 1, 2022, with Arbitrator Hon. Rosalyn Chapman (Ret.) The Arbitrator issued an award in Petitioners’ favor on February 2, 2023, in the amount of $350,666.23.

Petitioners now move to confirm the arbitration award. Respondent is in default and has not filed an opposition. 

TENTATIVE RULING:

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

Moving party to give notice, unless waived.  

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

Petitioners move to confirm the arbitration award following binding arbitration between the parties. Respondent did not file an opposition. 

Petitioners personally served the petition on Respondent on June 25, 2023. (See 06/27/2023 Proof of Service.) Petitioners gave Respondent notice of the instant hearing date on August 14, 2023. (See 08/14/2023 Notice.) 

Under the governing Corporate Sponsorship Agreement, the parties agreed that all disputes “arising out of or relating to [the] Agreement” would be resolved by binding arbitration. (Petition, Attach. 4(c), ¶ 8.)

The parties arbitrated the dispute before Hon. Rosalyn Chapman (Ret.) on December 1, 2022. On February 2, 2023, the Arbitrator issued a Corrected Final Award as follows:

“Claimants Los Angeles Kings Hockey Club LP and LA Live Properties LLC are jointly awarded against Respondent Fuelster Technologies, Inc. the total amount of $350,666.23, which consists of the following:

a. compensatory damages in the amount of $158,460;

b. interest at the rate of 10% per annum on the compensatory damages in the amount of $24,439.83, starting on July 16, 2021 until today’s date, and daily interest at the rate of $50.11 from January 31, 2023 until all compensatory damages and interest thereon are paid in full;

c. reasonable attorney fees in the amount of $127,720; and

d. reasonable costs in the amount of $40,046.40.”

(See Attach. 8(c).)

Petitioners have therefore provided the arbitration agreement, the name of the arbitrator, and the 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, Petitioners’ Petition to Confirm Arbitration Award is GRANTED. 

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

Moving parties to give notice, unless waived.  

IT IS SO ORDERED.

Dated:   September 12, 2023 ___________________________________