Judge: Stephen P. Pfahler, Case: 22CHCP00313, Date: 2023-08-08 Tentative Ruling
Case Number: 22CHCP00313 Hearing Date: August 8, 2023 Dept: F49
CONFIRM ARBITRATION
MOVING
PARTY: Petitioner, Canon Recruiting Group, LLC
RESPONDING
PARTY: Unopposed/Respondent, Berkshire Hathaway Home Services California
Properties
RELIEF
REQUESTED:
Petition
to Confirm Arbitration Award
SUMMARY
OF ACTION
Petitioner
Canon Recruiting Group, LLC initiated arbitration for collection on outstanding
invoices regarding services rendered. The
application was unopposed. On July 25, 2022, an arbitrator found in favor of Petitioner,
and issued a final award of $41,708.50.
Canon
Recruiting Group, LLC filed the instant petition to confirm the award on August
30, 2022. The petition was served via personal service on counsel for
Respondent on September 6, 2022.
RULING: Granted.
Petitioner
moves to confirm the arbitration 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 personal service. 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.) [Declaration of Brian Koegle, and
Notice of Errata.] Respondent submits no challenge to the petition within the
100-day challenge period following the July 25, 2022, 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.