Judge: Theresa M. Traber, Case: 25STCP00155, Date: 2025-02-14 Tentative Ruling

Case Number: 25STCP00155    Hearing Date: February 14, 2025    Dept: 47

Tentative Ruling

 

Judge Theresa M. Traber, Department 47

 

 

HEARING DATE:      February 14, 2025                                      TRIAL DATE:  Not set.

                                                          

CASE:                         PAC Project Advisors International, Ltd., v. Canoo Technologies, Inc. f/k/a Canoo, Inc.

 

CASE NO.:                 25STCP00155

 

           

 

PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

 

MOVING PARTY:               Petitioner PAC Project Advisors International, Ltd.

 

RESPONDING PARTY(S): None

 

CASE HISTORY:

·         1/17/25: Petition filed.

·         1/30/25: Proof of Service of moving papers and notice of hearing date filed.

 

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

           

On January 17, 2025, Petitioner PAC Project Advisors International, Ltd. (“PAC”) commenced this action by filing the instant Petition to Confirm Contractual Arbitration Award (the “Petition”) against Respondent Canoo Technologies, Inc. f/k/a Canoo, Inc. (“Canoo”).

The Petition seeks an order confirming an arbitration award in favor of PAC.

TENTATIVE RULING:

 

Petitioner PAC Project Advisors International, Ltd.’s Petition to Confirm Contractual Arbitration Award is GRANTED. Petitioner is ordered to file and serve, within ten (10) days of this ruling, a supplemental declaration (detailing the costs it incurred to bring the instant petition), a revised proposed order, and a revised proposed judgment.

 

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DISCUSSION:

 

Petition to Confirm Contractual Arbitration Award

 

Legal Standard

 

“Regardless of the particular relief granted, any arbitrator’s award is enforceable only when confirmed as a judgment of the superior court.” (O'Hare v. Municipal Resource Consultants¿(2003) 107 Cal.App.4th 267, 278.)¿

 

“Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.”¿(EHM Productions, Inc. v. Starline Tours of Hollywood, Inc.¿(2018) 21 Cal.App.5th 1058, 1063.)¿

 

“Any party to an arbitration in which an award has been made may petition the court to confirm … the award.” (Code Civ. Proc., § 1285.) “The petition shall name as respondents all parties to the arbitration …” (Code Civ. Proc., § 1285), and “(a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement. ¶ (b) Set forth names of the arbitrators. ¶ (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any” (§ 1285.4).

 

Any response to the petition must be filed and served within 10 days after service of the petition. (Code Civ. Proc., § 1290.6.)

 

Analysis

 

            PAC’s counsel attests to the following facts in support of the motion. On or about January 7, 2022, PAC and Canoo entered into a Master Services Agreement (the “Agreement”). (Declaration of Mac W. Cabal, filed on January 17, 2025 (“Cabal Decl.”), 2; Exhibit 1 – a copy of the Agreement.) Subsequently, Canoo issued purchase orders to PAC for certain work. (Cabal Decl., 3.) PAC began work on the projects and invoiced Canoo regularly per the terms of the Agreement. (Cabal Decl., 4.) However, Canoo breached the Agreement by failing to pay the full amount PAC invoiced. (Cabal Decl., 4.) Therefore, on or about September 26, 2023, pursuant to the arbitration provision in the Agreement, PAC filed its arbitration demand against Canoo with JAMS in Los Angeles. (Cabal Decl., 5.) On December 10, 2024, PAC and Canoo stipulated to entry of the final arbitration award (the “Arbitration Award”) in favor of PAC in the amount of $700,000. (Cabal Decl., 6.) The Arbitrator, Hon. Elizabeth A. White (Ret.) entered the Arbitration Award on the same day. (Cabal Decl., 6; Exhibit 2 – a copy of the Arbitration Award.) The Arbitration Award was electronically served on all parties on December 10, 2024. (Cabal Decl., 7.) At the time the Petition was filed, Canoo had not made any payments, or served any petition to vacate or correct the Arbitration Award. (Cabal Decl., 8.)

 

            The Court finds that the Petition satisfies the requirements of Code of Civil Procedure sections 1285 and 1285.4 by naming as respondents all parties to the arbitration (Petition, Item 1), attaching a copy of the agreement to arbitrate (Attachment 4(b)), setting forth the name of the arbitrator (Item 6), and attaching a copy of the Arbitration Award (Attachment 8(c)).

 

“If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made … 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; see § 1288 [“A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner”]; see also § 1288.4 [“No petition may be served and filed under this chapter until at least 10 days after service of the signed copy of the award upon the petitioner”].)

 

The Court finds that the Petition was duly served and filed. “A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner.” (Code Civ. Proc., § 1288.) “No petition may be served and filed under this chapter until at least 10 days after service of the signed copy of the award upon the petitioner.” (Code Civ. Proc., § 1288.4.) Here, PAC’s counsel has testified the Arbitration Award was served on Canoo on December 10, 2024. (Cabal Decl., 7.) At least 10 days after and within four years of that date, PAC timely filed and served the Petition on January 17 and January 23, 2025, respectively.

 

Therefore, PAC’s request to confirm the Arbitration Award is granted.

 

The Arbitration Award awarded PAC $700,000, consisting of a principal of $644,000, and pre-award judgment, attorney’s fees, and costs. (Arbitration Award, p. 2, ¶ 5.)

 

In addition to that award, PAC also seeks post-award, pre-judgment interest at a rate of 10 percent per annum from December 10, 2024, “as well as costs incurred by Petitioner in this instant judicial proceeding to confirm the Arbitration Award ….” (Memorandum of Points and Authorities, p. 4:15-19.)  

 

“[A] successful party to arbitration is entitled to post-award, pre-judgment interest under Civil Code section 3287, subdivision (a).” (Pierotti v. Torian (2000) 81 Cal.App.4th 17, 27; Civ. Code, § 3287, subd. (a) [“Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day ...”].)

In addition, “[a] court must award costs in a judicial proceeding to confirm, correct or vacate an arbitration award. (Code Civ. Proc., § 1293.2; [citation].)” (Corona v. Amherst Partners (2003) 107 Cal.App.4th 701, 707 (“Corona”).)

Therefore, the Court grants PAC’s request for post-award, pre-judgment interest, as well as for costs incurred by PAC to bring the instant Petition to confirm the Arbitration Award. However, the Court notes that PAC did not submit a declaration detailing the costs it incurred to bring the instant Petition. Therefore, the Court shall order the petitioner to submit that declaration.

Notwithstanding the above, to the extent PAC is seeking as costs attorney’s fees it incurred to bring this Petition, PAC has not cited (and the Court has not found) any clause in the Agreement allowing those fees. (See Corona, supra, 107 Cal.App.4th at p. 707 [“Attorney fees are recoverable as costs if authorized by contract. (Code Civ. Proc., § 1033.5, subd. (a)(10)(A))”].) Therefore, the Court shall not award attorney’s fees PAC incurred in connection with this Petition as costs.

Accordingly, Petitioner PAC Project Advisors International, Ltd.’s Petition to Confirm Contractual Arbitration Award is GRANTED. Petitioner is ordered to file and serve, within ten (10) days of this ruling, a supplemental declaration (detailing the costs it incurred to bring the instant petition), a revised proposed order, and a revised proposed judgment.

 

The Court set a non-appearance case review for March 12, 2025 to review the proposed order and judgment, and any objections thereto.

 

Moving party to give notice, unless waived. 

 

IT IS SO ORDERED.

 

Dated:   February 14, 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.