Judge: Thomas D. Long, Case: 25STCP00654, Date: 2025-06-05 Tentative Ruling

Case Number: 25STCP00654    Hearing Date: June 5, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 18, 2025, Petitioners Board of Trustees of the Cement Masons Southern California Health and Welfare Fund, Board of Trustees of the Cement Masons Southern California Pension Trust, Board of Trustees of the Cement Masons Southern California Individual Retirement Account, Board of Trustees of the Eleven Counties Cement Masons Vacation Savings Plan, and Board of Trustees of the Cement Masons Joint Apprenticeship Trust filed a Petition to Confirm Arbitration Award.

Respondent Jose Alejandro de Lara did not file an opposition.

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 includes a copy of the parties’ agreement to arbitrate.  (Petition,  Ex. 1.)  Mark Burnstein served as the arbitrator.  A copy of the arbitration award is attached to the petition.  (Petition,  Ex. 3.)  The proposed judgment matches the arbitration award.

The unopposed petition is GRANTED.  The Court will sign the proposed judgment submitted on March 18, 2025, after striking “The Court hereby expressly reserves jurisdiction to amend the Judgment according to proof.”  (See Code Civ. Proc., § 1286 [a court must confirm the award as made].)

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 5th day of June 2025