Judge: Serena R. Murillo, Case: 23STCP02492, Date: 2023-10-17 Tentative Ruling

Case Number: 23STCP02492    Hearing Date: October 17, 2023    Dept: 31

TENTATIVE

The petition to confirm the arbitration award is CONTINUED.

Legal Standard 

“Regardless of the particular relief granted, any arbitrator’s award is enforceable only when confirmed as a judgment of the superior court.”  (O’Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.)  “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.”  (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.)  “It is well settled that the scope of judicial review of arbitration awards is extremely narrow.”  (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.)  “Neither the trial court, nor the appellate court, may ‘review the merits of the dispute, the sufficiency of the evidence, or the arbitrator’s reasoning, nor may we correct or review an award because of an arbitrator’s legal or factual error, even if it appears on the award’s face.’”  (EHM Productions, supra, 21 Cal.App.5th at 1063-64 (quoting Roehl v. Ritchie (2007) 147 Cal.App.4th 338, 347).) 

Discussion

Code of Civil Procedure section 1005(b) requires moving papers to be served 16 court days before a hearing. Here, Petitioner served Respondent with notice of this hearing on October 2, 2023, less than 16 court days before the October 17, 2023 hearing. Thus, the petition is CONTINUED.

Conclusion

The petition to confirm the arbitration award is CONTINUED to November 9, 2023 at 8:30 a.m.

Moving party is ordered to give notice.