Judge: Stephen I. Goorvitch, Case: 23STCP1809, Date: 2023-08-21 Tentative Ruling

Case Number: 23STCP1809    Hearing Date: August 21, 2023    Dept: 39

8912 W Pico Blvd LLC v. Kosher Foods Unlimited, Inc.

Case No. 23STCP1809

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 Unlimited”) 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.  There is no good cause not to confirm the award as it relates to Kosher Foods Unlimited.

            Petitioner seeks attorney’s fees in its reply brief, which does not afford sufficient due process, as Kosher Foods Unlimited has not had a sufficient opportunity to respond.  Therefore, the request for attorney’s fees is denied.

            Based upon the foregoing, the Court orders as follows:

            1.         The Court grants the petition to confirm the arbitration award in the amount of $107,950.

            2.         The Court orders Kosher Foods Unlimited to pay $6,150.56 in prejudgment interest, and $565 in costs. 

            3.         The Court denies the request for attorney’s fees because it was not raised in the moving papers. 

            4.         The Court issues the proposed judgment with modifications.

            5.         The Court sets no future dates, as no further action is required.

            6.         Petitioner’s counsel shall provide notice and file proof of such with the Court.