Judge: Robert B. Broadbelt, Case: BC645729, Date: 2023-05-01 Tentative Ruling

Case Number: BC645729    Hearing Date: May 1, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Defendants and petitioners Hueston Hennigan LLP, John Hueston, Alison Plessman, and Steven Feldman

RESPONDING PARTY:       Unopposed

Petition to Confirm Contractual Arbitration Award

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

DISCUSSION

Defendants and petitioners Hueston Hennigan LLP, John Hueston, Alison Plessman, and Steven Feldman (“Petitioners”) filed this Petition to Confirm Contractual Arbitration Award against plaintiff and respondent Gabriel Moreno (“Respondent”) on March 30, 2023.

“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.)

Petitioners have submitted a copy of the agreement to arbitrate set forth in the “Standard Terms of Retention of Irell & Manella LLP,” signed by petitioner John Hueston of Hueston Hennigan LLP and Respondent.  (Pet., Attachment 4(b), pp. 21-22, ¶ 26.)  Petitioners have set forth the name of the arbitrator, Honorable Michael Latin (Ret.), and have attached a copy of the award and written opinion.  (Pet., ¶¶ 6, 8; Pet., Attachment 8(c).)

The court finds that Petitioners have satisfied the requirements for confirmation of the arbitration award.  (Code Civ. Proc., § 1285.4.)  The court therefore grants petitioners Hueston Hennigan LLP, John Hueston, Alison Plessman, and Steven Feldman’s Petition to Confirm Contractual Arbitration Award.

The court orders petitioners Hueston Hennigan LLP, John Hueston, Alison Plessman, and Steven Feldman to lodge and serve a proposed judgment confirming arbitration award with the court no later than 10 days from the date of this ruling.

The court sets an Order to Show Cause re entry of judgment confirming arbitration award on ___________________, 2023, at 8:30 a.m., in Department 53.

The court vacates the Order to Show Cause re completion of arbitration set for June 8, 2023.

The court orders petitioners Hueston Hennigan LLP, John Hueston, Alison Plessman, and Steven Feldman to give notice of this ruling.

IT IS SO ORDERED.

DATED:  May 1, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court