Judge: Thomas D. Long, Case: 21STCV33486, Date: 2023-09-12 Tentative Ruling

Case Number: 21STCV33486    Hearing Date: September 12, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On September 10, 2021, Plaintiff Jesus Sandoval filed this action against Defendants United Plumbing Service Inc., Nadia Alfaro, Mario Peralta, and Armando Rango.

On November 10, 2021, the parties stipulated to arbitrating this matter and staying the case.

On August 16, 2023, United Plumbing Service Inc., Mario Peralta, and Armando Rango filed a motion to vacate the stay and confirm the arbitration award.  On August 17, 2023, Nadia Alfaro filed a joinder to the motion.  Plaintiff did not file an opposition.

Defendants’ request for judicial notice of the arbitrator’s order is granted.  Defendants’ request for judicial notice of their Petition to Confirm, Correct, or Vacate Contractual Arbitration Award is denied.  The Court cannot take judicial notice of the truth of its contents.  Defendants should have filed this petition.

A party may petition the court to confirm, correct, or vacate an arbitration award, and a response to a petition may request that the court dismiss the petition or confirm, correct, or vacate the award.  (Code Civ. Proc., §§ 1285, 1285.2.)  The petition or response must set forth (1) the substance of or have attached a copy of the agreement to arbitrate, (2) the names of the arbitrators, and (3) the award and the written opinion of the arbitrators, or attach a copy.  (Code Civ. Proc., §§ 1285.4, 1285.6.)  The court must either confirm the award as made, correct the award and confirm it as corrected, vacate the award, or dismiss the proceeding.  (Code Civ. Proc., § 1286.)

The motion does not include a copy of the agreement to arbitrate.  However, the parties did file a stipulation for arbitration on December 10, 2021, which is part of this case’s record.

Defendants provide a copy of Arbitrator Deborah Crandall Saxe’s April 28, 2023 Dismissal Order.  Although not an award in favor of either party, it is a final order dismissing the action in arbitration.

The unopposed motion to confirm is GRANTED.

The Court orders Plaintiff’s Complaint DISMISSED WITH PREJUDICE.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 12th day of September 2023