Judge: Stephen P. Pfahler, Case: 21STCV40851, Date: 2024-05-09 Tentative Ruling

Case Number: 21STCV40851    Hearing Date: May 9, 2024    Dept: 68

Dept. 68

Date: 5-9-24

Case # 21STCV40851

CONFIRM ARBITRATION

MOVING PARTY: Defendant/Respondent, BMW North America, LLC

RESPONDING PARTY: Unopposed/Plaintiff/Respondent, Arthur Israyelyan

RELIEF REQUESTED:

Petition to Confirm Arbitration Award

SUMMARY OF ACTION

On November 5, 2021, Arthur Israyelyan filed a lemon law complaint against BMW North America, LLC. BMW North America, LLC answered the complaint on January 28, 2022. On April 30, 2022, the court entered the parties stipulation to submit the claims to arbitration.

RULING: Granted.

Defendant/Respondent BMW North America, LLC (BMW) moves to confirm the arbitration award. The court electronic filing system shows the motion/petition remains unopposed. The court system also shows no reply at the time of the tentative ruling publication cutoff.

On December 28, 2023, the arbitrator found in favor of BMW: "1. All claims by Claimant Artur Israyelyan are denied and Claimant shall take nothing as a result of this arbitration. 2. Each party shall bear their own attorney’s fees and costs. 3. The administrative fees of the American Arbitration Association (AAA) totaling $2,880.00 (Two Thousand Eight Hundred Eighty Dollars and No Cents) shall be borne as incurred, and the compensation of the arbitrator totaling $5,000.00 (Five Thousand Dollars and No Cents) shall be borne as incurred.” [Declaration of Susan Hartounian, ¶ 5, Ex. 2: Award of Arbitrator, ¶ 95.]

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 March 5, 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.) [Hartounian Decl.] Respondent submits no challenge to the petition within the 100-day challenge period following the December 28, 2023, issued final award. (Eternity Investments, Inc. v. Brown (2007) 151 Cal.App.4th 739, 745.)

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 to submit a proposed judgment.

Petitioner to provide notice.