Judge: Stephen I. Goorvitch, Case: 22STCP03332, Date: 2022-10-10 Tentative Ruling

Case Number: 22STCP03332    Hearing Date: October 10, 2022    Dept: 39

Porch.Com, Inc., et al. v. Kandela, LLC

Case No. 22STCP03332

Petition to Confirm Arbitration Award

Petitioners Porch.com, Inc. and Matthew Ehrlichman (“Petitioners”) participated in an arbitration of claims with Respondent Kandela, LLC (“Respondent”).  Petitioners move to confirm the arbitration award.  Respondent opposes the petition. 

A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the arbitrator serves the arbitration award.  (Code Civ. Proc., §§ 1288, 1288.4.)  The Court must confirm the award unless an opposing party demonstrates good cause to correct or vacate the arbitration award, or to dismiss the proceedings.  (Code Civ. Proc., § 1286.)  If the Court confirms the award, the Court enters an enforceable judgment with the same force and effect as a judgment in a civil action.  (Code Civ. Proc., § 1287.4.) 

Petitioners prevailed in the underlying arbitration.  The arbitrator issued an award in favor of Petitioners on July 8, 2022.  (Petition to Confirm Arbitration Award, Attachment 8(c).)  Respondent opposes the petition on the basis that the arbitrator exceeded his powers.  (Code Civ. Proc., § 1286.2, subd. (a)(4).)  However, Respondent’s argument is that the arbitrator erred in refusing Respondent’s request for leave to amend.  (See Opposition to Petition to Confirm Arbitration Award, p. 3.)  The Court rejects this argument for two reasons.  First, the Court is not persuaded that Respondent’s counsel is correct for the reasons stated by Petitioner’s counsel.  Simply, the record suggests that the arbitrator correctly declined leave to amend due to lack of notice, as required by JAMS rules.  In the alternative, even if Respondent’s counsel is correct, the Court cannot refuse to confirm an arbitrator’s award based on an error.  (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 28.) 

The Court has considered Respondent’s arguments, which are not persuasive.  Accordingly, the petition to confirm the arbitration award is granted.  Petitioner may seek enforcement of the arbitration award in the instant case as necessary.  Petitioners are ordered to provide notice of this order and file proof of service of such.