Judge: Robert B. Broadbelt, Case: 24STCP03318, Date: 2024-12-13 Tentative Ruling

Case Number: 24STCP03318    Hearing Date: December 13, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:              Petitioners Regal Medical Group, Inc., and Lakeside Medical Organization, Inc.                

RESPONDING PARTY:       Unopposed

Petition to Confirm Arbitration Award and Enter Judgment Thereon

The court considered the moving papers filed in connection with this petition.  No opposition papers were filed.

DISCUSSION

Petitioners Regal Medical Group, Inc., and Lakeside Medical Organization, Inc. (“Petitioners”) petition the court to confirm the Final Arbitration Award issued by the arbitrator in the arbitration proceedings between Petitioners and respondent George Chidi, M.D. (“Respondent”) on July 12, 2024.

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.¿ The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.”¿ (Code Civ. Proc., § 1285.)¿ “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) 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 or response under this chapter is duly served and filed, the court shall confirm the award as made . . . unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.”¿ (Code Civ. Proc., § 1286.)¿ Any response to the petition is required to be filed and served within 10 days after service of the petition.¿ (Code Civ. Proc., § 1290.6.)¿¿“If an award is confirmed, judgment shall be entered in conformity therewith.¿ The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification; and it may be enforced like any other judgment of the court in which it is entered, in an action of the same jurisdictional classification.”¿ (Code Civ. Proc., § 1287.4.)¿ 

First, the court finds that Petitioners have served Respondent with the summons, Petition, Notice of Hearing on the Petition, and other case management documents in the manner provided by law for the service of summons in an action because Petitioners served Respondent with the documents described above by substitute service on November 5, 2024.  (Code Civ. Proc., §§ 1290.4, subd. (b)(1) [“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”], 415.20, subd. (b); Nov. 18, 2024 POS-010; Pet., ¶ 6 [the parties’ Primary Care Physician Agreement includes an arbitration provision in 10.4.1, which is quoted in the Petition and does not include the manner of service].)

Second, the court finds that Petitioners have satisfied the requirements for confirmation of the arbitration award by (1) setting forth the substance of the arbitration provision in the parties’ Primary Care Physician Agreement; (2) setting forth the name of the arbitrator (Hon. Gregory C. O’Brien (Ret.)); and (3) attaching a copy of the Final Arbitration Award to the Petition.  (Code Civ. Proc., § 1285.4; Pet., ¶¶ 6 [quoting section 10.4.1 of the agreement], 9 [Petitioners and Respondent selected arbitrator Hon. Gregory C. O’Brien (Ret.)]; Pet., Ex. 1, Final Arbitration Award.)  

Third, the court notes that Respondent did not file an opposition to the Petition contending that the Final Arbitration Award should be corrected or vacated for any reason.

The court therefore grants Petitioners’ Petition.  (Code Civ. Proc., § 1286.)

ORDER

            The court grants petitioners Regal Medical Group, Inc., and Lakeside Medical Organization, Inc.’s Petition to Confirm Arbitration Award and Enter Judgment Thereon.

            The court orders petitioners Regal Medical Group, Inc., and Lakeside Medical Organization, Inc. to serve on respondent George Chidi, M.D. and to lodge with the court a proposed judgment confirming arbitration award no later than 10 days of the date of this order.

            The court orders that the Case Management Conference set for February 24, 2025 is vacated. 

            The court sets an Order to Show Cause re entry of judgment for hearing on March 4, 2025, at 8:30 a.m., in Department 53.

            The court orders petitioners Regal Medical Group, Inc., and Lakeside Medical Organization, Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  December 13, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court