Judge: Stephen I. Goorvitch, Case: 23STCP01809, Date: 2023-08-31 Tentative Ruling
Case Number: 23STCP01809 Hearing Date: September 28, 2023 Dept: 39
8912 W Pico Blvd
LLC v. Kosher Foods Unlimited, Inc.
Case No. 23STCP01809
Petition to
Confirm Arbitration Award
Petitioner
8912 W Pico Blvd LLC (“Petitioner”) petitions to confirm an arbitration award
in the amount of $107,950 against Kosher Foods Unlimited, Inc. (“Kosher Foods”)
and Alain Cohen (“Cohen”). Cohen
challenges the arbitrator’s authority to order him to be jointly and severally
liable for this amount, and Petitioner has dismissed Cohen from this proceeding
in favor of pursuing a separate arbitration against him. Petitioner seeks only to confirm the
arbitration award against Kosher Foods Unlimited.
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.)
Counsel for Kosher Foods argues that the arbitrators exceeded their
authority because the arbitration was conducted in New York even though the
lease required the arbitration to be conducted in California. (See Declaration of Alain Cohen, Exh.
A.) However, once this dispute arose,
the parties executed a separate arbitration agreement that the dispute would be
arbitrated before Beth Din of America.
(See Petition to Confirm Arbitration Award, Exh. 8(c).) Counsel argues that the agreement was
procured under duress because the Kashruth Commission indicated that Cohen
would lose his kosher certification if he did not agree to arbitrate the matter
before Beth Din of America, which was located in New York. (See Declaration of Alain Cohen ¶ 18.) Putting aside that this is hearsay, there is
no evidence that Petitioner had any role in the alleged coercion. Therefore, this is not a basis to deny the
petition to confirm the arbitration award.
Counsel for Kosher Foods also argues that the arbitrators erred, but the
Court cannot review such errors. (See
Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 11.) Therefore, the Court confirms the arbitration
award.
Petitioner seeks attorney’s fees
and costs from Kosher Foods. The
arbitrators denied attorney’s fees.
Petitioner relies on the parties’ underlying lease, which contains an
attorney’s fees provision. Nevertheless,
the parties executed a new arbitration agreement to proceed before the Beth Din
of America. The agreement itself does
not contain an attorney’s fees provision, and Petitioner identifies no rules of
the Beth Din of America that permits this Court to award attorney’s fees. Petitioner’s counsel cannot “have his cake
and eat it, too” by arguing the second arbitration agreement controls with
respect to the forum but the first arbitration agreement controls with respect
to the attorney’s fees.
Based upon the foregoing, the Court
orders as follows:
1. The
Court grants Petitioner’s petition to confirm the arbitration award against
Kosher Foods Unlimited, Inc. in the amount of $107,950.
2. The
Court denies the request for attorney’s fees.
3. The
Court issues the proposed judgment with modifications.
4. The Court sets no future dates, as no
further action is required.
5. Petitioner’s counsel shall provide
notice and file proof of such with the Court.