Judge: Theresa M. Traber, Case: 21STCV46621, Date: 2025-01-16 Tentative Ruling

Case Number: 21STCV46621    Hearing Date: January 16, 2025    Dept: 47

The Court notes that Defendant American Honda Motor Co. has filed a Petition to Confirm Arbitration Award pursuant to Code of Civil Procedure section 1285, that is set for a status conference today. 

Unless the parties stipulate to confirm the award, the Petition must be set for hearing as a noticed motion.  Under CCP section 1290, any proceeding “under this title [the California Arbitration Act] is commenced by filing a petition.” (Code Civ. Proc. section 1290.) Section 1290.2 states that “[a] petition under this title shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days’ notice of the date set for the hearing on the petition shall be given.” (CCP 1290.2.) Moreover, subdivision (c) of section 1290.4 states that “[i]f the arbitration agreement does not provide the manner in which such service shall be made and the person on whom service is to be made has previously appeared in the proceeding or has previously been served in accordance with subdivision (b) of this section, service shall be made in the manner provided in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of this code. (Code Civ. Proc. section 1290.4(c).)

Since both parties have appeared in the action and the arbitration agreement attached to the petition doesn’t provide for a specific manner of service, CCP 1010 et seq governs, and that statute requires that the notice state when the motion will be made. (Code Civ. Proc. section 1010.)  Accordingly, the Court directs Plaintiff to file a noticed motion to confirm the award based on his Petition and set it for hearing on the Court’s regular calendar.