Judge Robert B. Broadbelt, Case Number: 25STCP01115, Date: 2025-06-03 Tentative Ruling

Judge: Robert B. Broadbelt, Case: 25STCP01115, Date: 2025-06-03 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

MOVING PARTY: Petitioner Board of Trustees of the Southern California Plastering Institute

The court considered the verified petition to confirm arbitration award and the moving papers filed in connection with this motion. No opposition papers were filed.

Petitioner Board of Trustees of the Southern California Plastering Institute (“Petitioner”) requests that the court confirm the Arbitration Award issued on January 22, 2025 in favor of Petitioner and against respondent United Construction & Landscape, Inc. (“Respondent”), including an order directing Respondent to pay Petitioner’s attorney’s fees in the amount of $1,882.50 and court costs in the amount of $674.65. Petitioner seeks this relief pursuant to the Labor-Management Relations Act and Code of Civil Procedure section 1286.

“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, whether rendered in this state or another state, 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.)

The finds that Petitioner has properly served Respondent with the petition, written notice of the time and place of the hearing to confirm the award pursuant to the petition, and the other papers on which this motion is based in the same manner provided by law for the service of summons since Petitioner served Respondent by substitute service.[1] (Code Civ. Proc., § 1290.4, subd. (b)(1); April 24, 2025 Proof of Service of Summons, POS-010.)

The court further finds that Petitioner has (1) attached a copy of the agreement to arbitrate, which is set forth in the parties’ Labor Agreement, and (2) attached a copy of the Arbitration Award as required, which also (3) sets forth the names of the arbitrators (here, the members of the Joint Conference Board, consisting of Robert Miller, Steve Bond, Albert Carrillo, Christian Betancourt, Greg Malchowski, Esequiel Mendez, Manuel Alvarado, Michael Morales, Eddie Yarc, and Brad Rutherford). (Verified Petition filed Mar. 26, 2025 (“Pet.”), Ex. 3, Labor Agreement, p. 23, Article XII, Procedure for Settlement of Grievances, § 2, subd. (A) [agreeing to arbitrate claims before the Joint Conference Board]; Pet., Ex. 4, Arbitration Award, p. 2 [listing members composing the JCB at the hearing].)

Thus, the court finds that Petitioner has satisfied the requirements for confirmation of the arbitration award. (Code Civ. Proc., § 1285.4.)

The court further finds that (1) the Arbitration Award provides that, if Respondent failed to comply with the Arbitration Award within 10 days from the date thereof, Respondent shall pay all amounts then owed to Petitioner, including enforcement costs, court costs, and attorney’s fees incurred by Petitioner, (2) Petitioner has shown that Respondent has not complied with the Arbitration Award, and (3) Petitioner has shown that, to enforce the Arbitration Award, it incurred (i) $1,445.50 in attorney’s fees (4.9 hours x $250 blended hourly rate), (ii) $437 in paralegal’s fees (3.8 hours x $115 hourly rate), and (iii) $674.65 in costs ($500.95 to file the Petition + $88.45 to file motion to confirm arbitration award + $85.25 in estimated service of process fees). (Pet., ¶ 14 and Pet., Ex. 4, Arbitration Award, p. 2, ¶ 2; Levy Decl., ¶¶ 5-7.)

The court therefore grants petitioner Board of Trustees of the Southern California Plastering Institute’s petition to confirm arbitration award.

The court will sign and file the “Judgment Confirming Arbitration Award” filed by petitioner Board of Trustees of the Southern California Plastering Institute on April 4, 2025.

The court vacates the Case Management Conference set for hearing on July 24, 2025.

The court orders petitioner Board of Trustees of the Southern California Plastering Institute to give notice of this ruling.

[1] If an arbitration agreement provides for the manner of service of a petition, service must be made in that manner. (Code Civ. Proc., § 1290.4, subd. (a) [“A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided by the arbitration agreement for the service of such petition and notice”].) While the agreement provides that “service of the charges, notice of hearing before the Joint Conference Board or Sub-committee and notice of the decision of the Joint Conference Board or Sub-Committee shall be deemed to have been properly served upon the party cited if it is sent by Certified Mail, return receipt requested, at said person’s last known home or business address, as posted with Southern California Plastering Institute[,]” it does not appear that the parties’ agreement to arbitrate requires service in this manner for a petition. (Pet., Ex. 3, Labor Agreement, p. 26, Art. XII, § 5, subd. (C).)

board of trustees of the southern california plastering institute ; Petitioner, vs. united construction & landscape, inc. ; Respondent.	Case No.:	25STCP01115

	Hearing Date:	June 3, 2025

	Time:	10:00 a.m.

	[tentative] Order RE: petitioner’s motion for order confirming arbitration award, including attorney’s fees