Judge: Thomas D. Long, Case: 25STCP00539, Date: 2025-05-22 Tentative Ruling

Case Number: 25STCP00539    Hearing Date: May 22, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 10, 2025, Petitioner Peter Rasla & Associates P.L.C. filed a Petition to Confirm Attorney-Client Fee Arbitration Award.

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 complies with Code of Civil Procedure section 1285.4.  The Petition does not include a copy of an agreement to arbitrate, but arbitration of attorney-client fee disputes is voluntary for a client and is mandatory for an attorney when commenced by the client.  (Bus. & Prof. Code, § 6200, subd. (c).)  Respondents here were the petitioners and initiating party in the underlying arbitration.  (See Petition, Ex. 6(c) at p. 2.)  Robert W. Mockler served as the Panel Chair, and James M. Owens and Eric Selten served as arbitrators.  The Petition includes a copy of the Statement of Decision and Award.  (Petition,  Ex. 6(c).)

On May 19, 2025, Respondents filed a rejection of the award and request for trial.  This request is untimely.  It was filed 167 days after the Proof of Service of the Findings and Award and Notice of Your Rights after Arbitration (December 3, 2024); 98 days after this Petition was filed (February 10, 2025); 39 days after the Notice of Hearing on Petition was served (April 10, 2025); and only 3 days before the hearing on the Petition.  Respondents do not allege any different date of actual mailing of the award, and they were given timely notice of this Petition with the attached award.  (See Rejection of Award at p. 2 [Item 6(b)].)

As stated in the Form ADR-104 Rejection of Award, “A trial after arbitration is available only if it is requested within 30 days after the notice of award was mailed to the party requesting the trial.”  Form ADR-104 also states, “NOTICE: Please read Alternative Dispute Resolution form ADR-105, Information Regarding Rights After Attorney-Client Fee Arbitration, promptly and before completing this form.  There are short deadlines for requesting court relief after an attorney-client fee arbitration award.”  Form ADR-105 includes, “E. How long do I have to act? [¶] If you want a trial in court, you must file your papers in court within 30 days after the date that the arbitration award is mailed to you.  The date the arbitration award was mailed is written at the end of the notice you received.”

Respondents’ Rejection of Award is untimely, and they did not show grounds for vacating the award.

Accordingly, the petition is GRANTED.

Petitioner is ordered to submit a proposed judgment consistent with the arbitration award within ten days.

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 22nd day of May 2025