Judge: Upinder S. Kalra, Case: 18STCV08791, Date: 2024-09-04 Tentative Ruling
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Case Number: 18STCV08791 Hearing Date: September 4, 2024 Dept: 51
Tentative Ruling
Judge Upinder S.
Kalra, Department 51
HEARING DATE: September
4, 2024
CASE NAME: Danita
Daley v. Henry Mayo Newhall Memorial Hospital, et al.
CASE NO.: 18STCV08791
PETITION
TO CONFIRM ARBITRATION AWARD
MOVING PARTY: Defendant
Henry Mayo Newhall Memorial Hospital
RESPONDING PARTY(S): Non-Opposition filed by Plaintiff
Danita Daley, DNP, MBA, RN, HACP
REQUESTED RELIEF:
1. An
Order Confirming the May 7, 2024, Arbitration Award and entering judgment in
favor of Defendant in the amount of $59,393.63.
TENTATIVE RULING:
1. Petition
to Confirm the Arbitration Award is GRANTED;
2. Defendant
to provide Proposed Judgment consistent with this ruling within 14 days of this
ruling.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Plaintiff Danita Daley (“Plaintiff”) commenced this action
against her former employer Defendant Henry Mayo Newhall Memorial Hospital
(“Defendant”), asserting that she was discriminated and retaliated against and
wrongfully terminated for making complaints about timekeeping violations and
patient safety concerns.
On December 17, 2018, Plaintiff filed a complaint against
Defendant for (1) Labor Codes §§ 98.6 and 1102.5; (2) Health & Safety Code
§ 1278.5; and (3) adverse action in violation of public policy.
On February 4, 2019, Defendant filed a motion to compel
arbitration and stay action which the court GRANTED.
On March 7, 2019, Defendant filed a motion for sanctions
which the court DENIED.
On August 15, 2024, Defendant filed the instant Petition to
Confirm Arbitration Award. That same date, Plaintiff filed a Declaration re
Non-Opposition.
LEGAL STANDARD:
“Any party to an arbitration in which an award has been made
may petition the court to confirm, correct or vacate the award.¿ The petition
shall name as respondent all parties to the arbitration and may name as
respondents any other persons bound by the arbitration award.” (Code Civ.
Proc., (CCP) § 1285.) “If a petition or response under this chapter is duly
served and filed, the court shall confirm the award as made, whether rendered
in this state or another state, unless in accordance with this chapter it
corrects the award and confirms it as corrected, vacates the award or dismisses
the proceeding.” (CCP § 1286.)¿
ANALYSIS:
Filing Requirements of a Petition to Confirm
Arbitration Award (CCP § 1285.4)¿¿
¿¿
Code of
Civil Procedure section 1285.4 states: “A petition under this chapter shall:¿¿
a.
Set forth the
substance of or have attached a copy of the agreement to arbitrate unless the
petitioner denies the existence of such an agreement.¿¿
c.
Set forth the names of
the arbitrators.¿¿
c.
Set forth or have
attached a copy of the award and the written opinion of the arbitrators, if
any.”¿¿
¿¿
(CCP § 1285.4 (emphasis added).)¿¿
Here, the Petition meets the requirements of CCP §
1285.4(a)-(c). First, Defendant attached a copy of the arbitration agreement as
attachment 4(b) to the Petition. Second, Defendant identified the Arbitrator as
the Hon. Michael Johnson (Ret.). (Petition at Item 6.) Third, Defendant
attached a copy of the Award to the Petition as attachment 8(c).
Accordingly, this requirement is met.
Service of the Petition and Notice of Hearing (CCP §
1290.4)¿¿
¿¿¿
Code of Civil Procedure section 1290.4 states in pertinent
part:¿¿¿
¿¿
(a) A copy
of the petition and a written notice of the time and place of the hearing
thereof and any other papers upon which the petition is based shall be served
in the manner provided in the arbitration agreement for the service of such
petition and notice.¿¿
¿¿
(b) If the
arbitration agreement does not provide the manner in which such service shall
be made and the person upon whom service is to be made has not previously
appeared in the proceeding and has not previously been served in accordance
with this subdivision: ¶ (1) Service within this State shall be made in the
manner provided by law for the service of summons in an action.¿¿
¿¿
(CCP § 1290.4.)¿¿
Here, the Petition meets the requirements of CCP § 1290.4. While the arbitration agreement does not provide
for a service method, all parties had appeared in this action, Defendant
provided notice of the hearing on this Petition via electronic mail, and
Plaintiff filed a Declaration re Non-Opposition with service via electronic
mail.
Accordingly, this requirement is
met.
Service of the Arbitration Award (CCP § 1283.6)¿¿
¿¿¿¿¿¿¿¿¿¿¿
Code of Civil Procedure section
1283.6 provides that: “The neutral arbitrator shall serve a signed copy of the award on each party to the arbitration
personally or by registered or certified mail or as provided in the
agreement.”¿This requirement may be satisfied by service by the arbitrator or
upon proper service of the Award with the Petition. (See Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d
796, 799-800.)¿¿
Here, the Petition meets the requirements of CCP § 1283.6. Notably,
one of the proofs of service attached to the Award indicates service on May 7,
2024 via certified mail. (Petition, Attachment 8(c).)
Accordingly, this requirement is met.
Timing of Service of Petition (CCP §§ 1288, 1288.4)¿¿
¿¿¿¿¿¿¿¿¿¿¿¿¿¿
A party may seek a court judgment
confirming an arbitration award by filing and serving a petition no more than
four years, but not less than 10 days, after the award is served. (CCP §§ 1288, 1288.4.)
Here, the Petition meets the
requirements of CCP §§ 1288, 1288.4. First, the Award was issued on May 7,
2024. (Petition, Attachment 8(c).) Defendant filed the instant Petition on
August 15, 2024. This is more than 10 days and less than four years after
service of the Award.
Accordingly, this requirement is met.
Merits of the
Petition to Confirm Arbitration Award¿¿¿
¿¿
The court must confirm the award as made, unless it
corrects or vacates the award, or dismisses the proceeding.¿ (CCP § 1286; Valsan Partners Limited Partnership v.
Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.)¿
Defendant has demonstrated that on May 7, 2024, the
Arbitration issued an Award in their favor and against Plaintiff in the amount
of $59,393.63.
Accordingly, the court GRANTS Defendant’s Petition to
Confirm the Arbitration Award.
CONCLUSION:
For
the foregoing reasons, the Court decides the pending motion as follows:
1. Petition
to Confirm the Arbitration Award is GRANTED;
2. Defendant
to provide Proposed Judgment consistent with this ruling within 14 days of this
ruling.
Moving party is to give notice.
IT IS SO ORDERED.
Dated: September 4, 2024 __________________________________ Upinder
S. Kalra
Judge
of the Superior Court