Judge: Stephen P. Pfahler, Case: 21STCV27873, Date: 2024-10-01 Tentative Ruling

Case Number: 21STCV27873    Hearing Date: October 1, 2024    Dept: 68

Dept. 68

Date: 10-1-24

Case: 21STCV27873

CONFIRM ARBITRATION

MOVING PARTY: Plaintiff/Petitioner, Richard Holz

RESPONDING PARTY: Unopposed/Defendant/Respondent, PBM Property, LLC

RELIEF REQUESTED:

Petition to Confirm Arbitration Award

SUMMARY OF ACTION

On July 29, 2021, Plaintiff Richard Holz filed a complaint for (1) Foreclose Mechanic’s Lien; (2) Breach Of Contract; (3) Quantum Meruit; (4) Open Book Account; (5) Account Stated; and (6) Declaratory Relief. On September 14, 2021, the court granted Plaintiff’s motion to compel arbitration.

RULING: Granted.

Plaintiff/Petitioner Richard Holz moves to confirm the arbitration award. The court electronic filing system shows the motion/petition remains unopposed, and Plaintiff/Petitioner filed a “Notice of Non-Response.” The court system also shows no reply at the time of the tentative ruling publication cutoff.

On April 30, 2024, and July 26, 2024, the arbitrator ordered an Interim Award and Final Award. The arbitrator found in favor of Holz for $2,146,995.90. [Petition, Ex. 8c: Award.]

The court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (Code Civ. Proc., § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) Service of the petition to confirm the award was completed via electronic service on August 6, 2024. Respondent provided no objection to the service. (Code Civ. Proc., § 1290.4, subd. (a).) Service is therefore presumed valid. (Code Civ. Proc., § 1290.4, subd. (b).) The petition contains all required items. (Code Civ. Proc., § 1285.4.) Respondent submits no challenge to the petition within the 10-day challenge period for a party participant following the July 26, 2024, issued final award. (Code Civ. Proc., §§ 1285, 1285.2, 1288.2, 1290.6; Valencia v. Mendoza (2024) 103 Cal.App.5th 427, 444; Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App.5th 602, 612.)

All arbitration awards, including those that already have been satisfied or performed, are subject to confirmation, and not moot. (Pacific Law Group: USA v. Gibson (1992) 6 Cal.App.4th 577, 580.)

The unopposed petition is therefore granted.

Petitioner submitted a proposed judgment.

Petitioner to provide notice.