Judge: Thomas D. Long, Case: 23STCP04122, Date: 2024-07-09 Tentative Ruling

Case Number: 23STCP04122    Hearing Date: July 9, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 8, 2023, Petitioner Stris & Maher LLP filed a Petition to Confirm Arbitration Award.  On January 4, 2024, Respondent Daniel S. March filed an opposition.

On May 23, 2024, Petitioner filed a Motion to Grant the Petition to Confirm Attorney-Client Fee Arbitration Award.  The Court did not grant Petitioner leave to amend the Petition, and Respondent March had already responded to the Petition.  The Court orders the May 23, 2024 Motion STRICKEN for not being filed in accordance with law or a court order.  (See Code Civ. Proc., § 436, subd. (b).)

On May 29, 2024, Petitioner filed a Notice of Entry of Dismissal and Proof of Service.  No dismissal was entered—or even requested—and the Notice does not attach a copy of any dismissal.  The Court orders the May 29, 2024 Notice STRICKEN.  (See Code Civ. Proc., § 436, subd. (b).)

On June 3, 2024, Petitioner dismissed Respondent Tony Diab.

On June 21, 2024, Respondent March filed an opposition to the May 23, 2024 motion.

On June 28, 2024, Petitioner filed a reply.

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 Petition does not include a copy of the agreement to arbitrate.  Arbitration of attorney-client fee disputes is voluntary for a client and is only mandatory for an attorney when commenced by the client.  (Bus. & Prof. Code, § 6200, subd. (c).)  This arbitration was commenced by Petitioner, the attorney/firm in the underlying dispute, so arbitration was not statutorily mandated.  (See Petition Ex. 6(c) [Arbitration Award] at p. 1.)

“[T]he party seeking to enforce an award must prove by a preponderance of the evidence that a valid arbitration contract exists.  The court may not confirm an award without first finding the parties agreed in writing to arbitrate their dispute, unless a judicial determination of the issue has already been made (e.g., by a court considering a petition to compel arbitration).  The burden upon the award’s proponent to prove the existence of a valid agreement, and the court’s duty to determine the issue, are reflected in the statutory requirement that the proponent recite or attach the contract.”  (Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1220.)

Accordingly, the Hearing on Motion to Confirm Arbitration Award is CONTINUED to August 29, 2024 at 8:30 a.m.

Petitioner is ORDERED to file a copy of the agreement to arbitrate no later than five court days before the continued hearing.

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 9th day of July 2024