Judge Stephen P. Pfahler, Case 22CHCP00382 2023-03-15 Tentative Ruling

Judge: Stephen P. Pfahler, Case: 22CHCP00382, Date: 2023-03-15 Tentative Ruling

Case Number: 22CHCP00382 Hearing Date: March 15, 2023 Dept: F49

Dept. F-49

Date: 3-15-23

Case # 22CHCP00382

CONFIRM ARBITRATION

MOVING PARTY: Petitioner, Swift Financial, LLC

RESPONDING PARTY: Unopposed/Respondents, FRBM, Inc., et al.

RELIEF REQUESTED:

Petition to Confirm Arbitration Award

SUMMARY OF ACTION

Petitioner Swift Financial, LLC as servicing agent for WebBank initiated arbitration for collection on an outstanding loan. Respondents FRBM, Inc. dba Nail Garden and Reham Bastawros failed to appear, but found valid service.

On July 8, 2022, an arbitrator found in favor of Petitioner, and awarded $120,894.30.

Swift Financial, LLC filed the instant petition to confirm the award on November 1, 2022. The petition was served via personal and substituted service on the individual respondents on November 8, 2022 and November 30, 2022, respectively.

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 and substituted 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.) Respondent submits no challenge to the petition within the 100-day challenge period. (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.