Judge: Thomas D. Long, Case: 22STCV02387, Date: 2023-03-30 Tentative Ruling

Case Number: 22STCV02387    Hearing Date: March 30, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On June 24, 2022, Petitioner Writers Guild of America, West, Inc. filed a petition for an order confirming the February 14, 2022 arbitrator’s award against Respondents Lotus Development, LLC, Lotus Holdings, LLC, and Kidnap Holdings, LLC.

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.”  (Code Civ. Proc., § 1285.)  The petition 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.)  If such a petition is filed, the court must confirm the award unless it corrects the award and confirms it as corrected, vacates the award, or dismisses the proceeding.  (Code Civ. Proc., § 1286.)  If an award is confirmed, judgment shall be entered in conformity with the award.  (Code Civ. Proc., § 1287.4.)

The petition complies with Code of Civil Procedure section 1285.4.  The petition includes a copy of the parties’ agreement to arbitrate.  (Petition,  Attachment 4(c).)  Najeeb Khoury served as the sole arbitrator.  A copy of the arbitration award is attached to the petition.  (Petition,  Attachment 8(c).)  Respondents have not opposed the petition.

The petition to confirm arbitration award is GRANTED.

Although the proposed order and judgment does not repeat the exact language of the award, Petitioner’s counsel provides a declaration explaining the subsequent interest calculations and arbitrator’s fees, which are part of the award.  (See Hu Decl.)  Accordingly, the proposed order and judgment is, except as noted below, in conformity with the award.

The Court will sign the proposed order and judgment after striking paragraph 4, as an assignment of all monies owed to Respondents by third parties was not authorized by the award or this Court.

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.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 30th day of March 2023