Judge: Serena R. Murillo, Case: 20STCV34566, Date: 2023-07-10 Tentative Ruling

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Case Number: 20STCV34566    Hearing Date: July 10, 2023    Dept: 31

TENTATIVE

Defendants’ unopposed petition to confirm the arbitration award is GRANTED. Defendants are awarded $1,332.95 as sanctions against Plaintiff and Plaintiff’s claims are dismissed with Prejudice.

Background

On September 20, 2020, Plaintiff Danielle Victor filed a Complaint against Defendants alleging discrimination and retaliation in connection with Plaintiff’s employment with Southwest Wine & Spirits, LLC.

On January 28, 2021, the Court ordered the parties to arbitration pursuant to the parties’ joint stipulation.

On December 13, 2022, the arbitrator entered a final award against Plaintiff, dismissing Plaintiff’s claims with prejudice, deeming various matters as admitted, and awarding Defendants $1,332.95 as sanctions.

On January 12, 2023, the arbitrator served a signed copy of the final arbitration awarded on Plaintiff.

On January 23, 30323, Plaintiff filed an appeal, but the appeal has been dismissed.

Defendants now move to confirm the arbitration award.

Legal Standard

“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.)

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. (Code Civ. Proc., § 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. (Code Civ. Proc., §§ 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. (Code Civ. Proc., § 1290.4(a).)

Discussion

Defendants Southwest Wine & Spirits, LLC, Christian Navarro, and Mathew Marcianao (collectively “Defendants”) move to confirm the arbitration award rendered on December 13, 2022, and enter judgment in conformity therewith. Defendant asserts that on December 13, 2022, the arbitrator, Honorable Linda L. Miller, executed a final arbitration award wherein Plaintiff’s claims were dismissed with prejudice, and Defendants were awarded $1,332.95 in sanctions. (Riccomini Decl. ¶ 6, Ex. E.)

Pursuant to an arbitration agreement signed by Plaintiff in the Employee Handbook, the parties entered binding arbitration with JAMS on September 03, 2021. (Riccomini Decl. ¶ 2.) A copy of the arbitration agreement is attached as Exhibit A to the Declaration of Kacey R. Riccomini. On November 30, 2922, the arbitrator heard Defendants’ Renewed Motion for Terminating sanctions and granted the Motion, dismissing Plaintiff’s claims. (Riccomini Decl. ¶ 5, Ex. D) Plaintiff failed to oppose the motion and the arbitrator found that:

“Claimant was required but failed to appear for her deposition on both June 1 and October 12; failed to comply with the Civil Discovery Act and JAMS Rule 17; and failed to comply with the Arbitrator’s prior orders regarding her deposition. Claimant did not provide any substantial justification or reasonable excused for such failures.

[. . .] It is apparent that from Claimant’s conduct over the past several months, including not appearing at noticed hearings and not filing responses to motions, that she is not seeking to prosecute her claims in arbitration.

Claimant’s repeated noncompliance with her discovery obligations and her numerous violations of the undersigned's orders and applicable discovery statutes/rules has made it impossible for Respondents to adequately investigate and prepare a defense to Claimant's claims, and has unjustly increased the expenses of this litigation. which have been borne by Respondents.

The Arbitrator further finds that Respondents' Requests for Admissions. Set One, served to Claimant as noted above, shall be deemed admitted under CCP § 2033.280(b).”

(Riccomini Decl. ¶ 6, Ex. E at pp. 8, 9.)

The arbitrator imposed monetary sanctions against Plaintiff/Claimant in the amount of $1,332.95 for the cost of the court reporters engaged by Respondents for Plaintiff’s two missed depositions. (Riccomini Decl. ¶ 5, Ex. D at p. 10.) Also, due to the Plaintiff’s willful failure to comply with numerous orders and various statutes and rules governing discovery without substantial justification, the arbitrator found “that terminating sanctions are appropriate, and this matter is thus dismissed with prejudice.” (Riccomini Decl. ¶ 6, Ex. E at p. 11.)

Plaintiff was subsequently served with a copy of the final arbitration award. (Riccomini Decl. ¶ 7, Ex. 7.) Plaintiff was also served with notice of this motion by mail and email, yet no opposition has been filed.

Based on the foregoing, the Defendants’ petition to confirm the Arbitration Award is GRANTED.

Conclusion

Defendants’ petition to confirm the arbitration award is GRANTED. Defendants are awarded $1,332.95 as sanctions against Plaintiff and Plaintiff’s claims are dismissed with Prejudice.

Moving party is ordered to give notice.