Judge Ronald F. Frank, Case 23TRCP00008 2023-03-14 Tentative Ruling

Judge: Ronald F. Frank, Case: 23TRCP00008, Date: 2023-03-14 Tentative Ruling

Case Number: 23TRCP00008 Hearing Date: March 14, 2023 Dept: 8

Tentative Ruling¿

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HEARING DATE: March 14, 2023¿¿

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CASE NUMBER: 23TRCP00008

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CASE NAME: Nardiello Law Firm v. John Rodgers

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MOVING PARTY: Plaintiff/Petitioner, Nardiello Law Firm

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RESPONDING PARTY: No Opposition Filed by Respondent John Rogers

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TRIAL DATE: None Set.

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MOTION:¿ (1) Motion to Confirm Arbitration Award

Tentative Rulings: (1) Grant Petition and Confirm Award

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I. BACKGROUND¿¿

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On February 9, 2023, Plaintiff/Petitioner, Nardiello Law Firm filed a motion petitioning this Court to Confirm an Arbitration Award. Defendant/Respondent has not opposed this motion.

“Any party to an arbitration award in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc. § 1285.) “A petition under this chapter shall: (1) 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.) “A response to a petition under this chapter may request the court to dismiss the petition or to confirm, correct or vacate the award.” (Code Civ. Proc. § 1285.2.)

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¿II. ANALYSIS¿

A. Legal Standard ¿

B. Discussion

Plaintiff/Petitioner notes that a party who wishes to request that the award be corrected or vacated generally must serve and file a request within one-hundred (100) days after the award was served on such party. (Code Civ. Proc. § 1288). Here, Plaintiff/Petitioner asserts that the petition was filed with the Court on January 4, 2023, approximately 112 days following the service of the arbitration award by the Arbitrator on September 14, 2022, via email to all parties’ counsel. (Jen Decl., ¶5; Exhibit C). Plaintiff also notes that it has timely filed the accompanying Petiion to confirm the award, as the petition was filed less than four years after the date of service of the signed copy of the award on September 14, 2022. (Code Civ. Proc. §1288) (Jen Decl., ¶ 3; Exhibit A). However, Plaintiff further asserts that no petition to vacate or correct the Final Arbitration Decision has been filed, not has such been received by Plaintiff or its counsel as of February 9, 2022. (Jen Decl., ¶ 6.)

Based on this, Plaintiff has requested this Court confirm the Arbitration Award dated September 14, 2022, by granting Plaintiff’s order, and entering judgment in favor of Plaintiff and against Defendant, in the principal sum of $75,000 as set forth by the Arbitration Award (Exhibit A), simple interest in the sum of $3,895.12, calculated from the date of the award of September 14, 2022 to the date of this hearing on March 14, 2023 (Jen Decl., ¶ 8), and filing fees in the total sum for $495.00, which consists of $435.00 for the first appearance fee, and $60.00 for filing fee of this motion as set forth by the accompanying declaration. (Jen Decl., ¶ 7.)

The moving papers attach the AAA Arbitrator’s award as well as the typed analysis of the same. The Arbitrator in this analysis and findings noted that Respondent Rogers is an attorney with 35 years of experience and is a licensed CPA, and that the “sophisticated” Rogers retained Petitioner Nardiello Law Firm in a federal district court matter which was “specialized, complex, and hotly contested.” There were 10 depositions in the underly federal court case, several trips to the Ninth Circuit, and the opposing party was the US Government. Over $500,000 was billed of which less than 40% remained owing according to the Nardiello Law Firm. The arbitrator in his award and findings appears to have scrutinized the bills, making adjustments, reductions, and disallowances. The final award was a considerable reduction from the amount claimed.

Plaintiff/Petitioner has satisfied the requirements of Code of Civil Procedure section 1285.4 by attaching the parties’ agreement to arbitrate, setting forth the arbitrator’s name (Stanford Jossen), and attaching a coy of the written arbitration award in Plaintiff/Petitioner’s favor. In the absence of any opposition, and good cause having been shown, the Court hereby CONFIRMS the arbitration award issued by Stanford Jossen on September 14, 2022 in the matter entitled Nardiello Law Firm v. John Rodgers, Case No. 01-21-0001-9143. The Petion to confirm is thus granted.

Plaintiff/Petitioner is ordered to provide notice of this ruling. The proposed order and judgment shall be signed and entered forthwith.