Judge Upinder S. Kalra, Case Number: 19STCV31320, Date: 2024-10-16 Tentative Ruling

Judge: Upinder S. Kalra, Case: 19STCV31320, Date: 2024-10-16 Tentative Ruling

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Case Number: 19STCV31320 Hearing Date: October 16, 2024 Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE: October 16, 2024

CASE NAME: Clarissa Vigil v. United Healthcare Services, Inc.

CASE NO.: 19STCV31320

PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Defendant United Healthcare Services, Inc.

RESPONDING PARTY(S): None as of October 11, 2024

REQUESTED RELIEF:

1. An Order confirming the June 27, 2024 Arbitration Award.

TENTATIVE RULING:

1. Petition to Confirm Arbitration Award is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On September 5, 2019, Plaintiff Clarissa Vigil, on behalf of herself, all others similarly situated, and the general public (Plaintiff) filed a complaint against Defendant United Healthcare Services, Inc. (Defendant). The complaint alleged one cause of action: Civil Penalties – Labor Code §§ 2698, et. Seq. The Plaintiff’s complaint alleges that the Defendant failed to pay all hours worked, failed to pay overtime wages at a correct rate, failed to provide accurate written wage statements, and failed to timely pay final wages following separation of employment.

On October 7, 2019, Defendant filed an Answer.

On January 27, 2022, Defendant filed a Motion to Compel Arbitration which the court GRANTED.

On August 26, 2024, Defendant filed the instant Petition to Confirm Arbitration Award.

On September 11, 2024, the court issued Notice of Hearing on the Petition.

On September 16, 2024, Defendant filed proof of service of the Notice of Hearing on the Petition.

As of October 11, 2024, the court has not received an opposition to the Petition.

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, Defendant attached the arbitration agreement to the Petition and identified the pertinent clause in the Petition. (Petition at item 4; Attachment 4b.) The arbitrator was the Honorable Amy S. Hogue (Ret.) (Petition at item 6.) Finally, Defendant attached a copy of the arbitration award. (Petition, Attachment 8c.)

Accordingly, this requirement is met.

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, Defendant’s proof of service indicates that served notice of hearing and a copy of the Petition to Plaintiff via e-mail. The arbitration agreement does not explicitly indicate electronic service is appropriate. Service of a summons cannot be via e-mail. (CCP § 415.10 [personal service]; CCP § 415.20 [substituted service by U.S. Mail]; CCP § 415.30 [service by mail].) However, the court is inclined to believe that the parties agreed to electronic service because both parties do electronically serve other documents in the instant matter. (See, e.g., proof of service attached to Plaintiff’s October 2, 2024 CMC Statement.)

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.)¿¿

¿¿

The Court finds Code of Civil Procedure section 1283.6 is satisfied.¿¿¿

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.)¿¿

Defendant filed the instant petition approximately 106 days after service of the Award, making it timely under Code of Civil Procedure sections 1288 and 1288.4.¿¿¿

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 June 27, 2024, the arbitrator issued an Award in their favor. Specifically, Judge Hogue found that Plaintiff did not suffer a violation of California law based on Defendant’s calculation of the regular rate of pay and denied all other claims not expressly granted.

CONCLUSION:

For the foregoing reasons, the Court decides the pending motion as follows:

1. Petition to Confirm Arbitration Award is GRANTED.

Moving party is to give notice.

IT IS SO ORDERED.

Dated: October 16, 2024 __________________________________ Upinder S. Kalra

Judge of the Superior Court