Judge: Theresa M. Traber, Case: 24STCP00052, Date: 2024-03-15 Tentative Ruling

Case Number: 24STCP00052    Hearing Date: March 15, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     March 15, 2024                      TRIAL DATE: NOT SET

CASE:                         Director’s Guild of America, Inc. v. On Smoother Dirt Movie, LLC

CASE NO.:                 24STCP00052            

PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY:               Petitioner Director’s Guild of America, Inc.

RESPONDING PARTY(S): No response on eCourt as of 3/13/24

CASE HISTORY:

·         01/08/24: Petition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a petition to confirm an arbitration award on a contract dispute.  

Petitioner Director’s Guild of America, Inc. petitions to confirm an arbitration award.

TENTATIVE RULING:

Petitioner Director’s Guild of America, Inc. petitions to confirm an arbitration award against Respondent On Smoother Dirt Movie LLC.

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.1:3.) The agreement to arbitrate is attached to the Petition. (Exh. A.) The name of the arbitrator, Mark Burstein, is set forth in the Petition. (Petition, ¶ 6.)

A copy of the executed arbitration award, dated November 15, 2023, is also attached to the petition and was served on all parties on that same date. (Exh. B.) The petition to confirm was filed on January 8, 2024, and was served that same date by mail. These dates are all within four years from the date the award was served and more than ten days after the award was served. Accordingly, the Petition to Confirm was filed and has now been served in accordance with the time limit set forth in Code of Civil Procedure section 1288.

No petition to vacate or correct the award has been filed. A petition to vacate an award or correct an award must be served and filed no later than 100 days after the date of service of a signed copy of the award on the party petitioning to vacate or correct the award. (Code Civ. Proc. § 1288.) The Court may not correct or vacate an award unless a petition or response requesting that the award be corrected or vacated has been filed. (See, e.g., Valsan Partners Ltd. P’ship v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) The time to petition to vacate or correct the award therefore expired on February 24, 2024.

            As the time to vacate or correct the award has expired and the Petition satisfies all procedural requirements, the petition to confirm the arbitration award is GRANTED.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated: March 15, 2024                                   ___________________________________

                                                                                    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.