Judge: Theresa M. Traber, Case: 23STCV00457, Date: 2025-02-28 Tentative Ruling

Case Number: 23STCV00457    Hearing Date: February 28, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     February 28, 2025                 TRIAL DATE: NOT SET

CASE:                         Diouana Matthews v. Dray Alliance, Inc.

CASE NO.:                 23STCV00457           

MOTION TO CONFIRM ARBITRATION AWARD

MOVING PARTY:               Plaintiff Diouana Matthews

RESPONDING PARTY(S): No response on eCourt as of February 25, 2025.

CASE HISTORY:

·         01/10/23: Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for employment discrimination and wrongful termination. Plaintiff alleges that Defendant terminated her while she was on pregnancy leave without explanation or justification.

Plaintiff moves to confirm an arbitration award.

TENTATIVE RULING:

            Plaintiff moves to confirm an arbitration award, issued on January 15, 2025.

Any party to an arbitration award may petition the court to confirm, correct, or vacate the award. (Code Civ. Proc. § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (Code Civ. Proc. § 1286, bold emphasis added.) A petition to confirm a binding arbitration must name as respondents all parties to the arbitration and may name any other parties to be bound by the award. (Code Civ. Proc. § 1285.) The petition shall (1) set forth the substance of or have attached a copy of the agreement to arbitrate unless petitioner denies the existence of such an agreement; (2) set forth the name(s) of the arbitrator(s); and (3) set forth or have attached a copy of the award and written opinion of the arbitrator. (Code Civ. Proc. § 1285.4(a)-(c).)

The petition to confirm must be served and filed no later than four years after the date of service of a signed copy of the award on the petitioner (Code Civ. Proc. § 1288) but may not be served and filed until at least 10 days after service of the signed copy of the award upon the petitioner.  (Code Civ. Proc. § 1288.4.) 

Here, all parties to the arbitration are named in the petition. (Petition p.1:25-27; see also Caption.) The petition also includes the name of the arbitrator, the Hon. Terry Friedman (ret.) (See Petition p.3:4-5.) However, the petition does not set forth the agreement to arbitrate and is therefore noncompliant with Code of Civil Procedure section 1285.4.

A copy of the executed arbitration award, dated January 15, 2025, is attached to the Petition. (Exh. A.) However, the Petition is entirely silent on the date of service of the arbitration award. The Petition therefore fails to establish compliance with Code of Civil Procedure sections 1288 and 1288.4. Moreover, as the arbitration award was issued on January 15, 2025, 44 days before this hearing, the 100-day statutory time limit to serve and file a petition to vacate or correct the award cannot have expired even if the award was served on the date of issuance. (See Code Civ. Proc. § 1288.) If the timing of this petition were the only issue, the Court would be inclined to continue the matter until a date after the expiration of the 100-day period to facilitate simultaneous resolution of any counter-petition. However, in light of the numerous procedural defects, the Court cannot find that this petition has been “duly served and filed” within the meaning of Code of Civil Procedure section 1285.

Accordingly, Plaintiff’s Motion to Confirm Arbitration Award is DENIED.

This ruling is without prejudice to a subsequent and procedurally proper Motion to Confirm Arbitration Award.

Moving Party to give notice.

IT IS SO ORDERED.

Dated: February 28, 2025                               ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.