Judge Upinder S. Kalra, Case Number: 20STCV00422, Date: 2025-04-11 Tentative Ruling

Judge: Upinder S. Kalra, Case: 20STCV00422, Date: 2025-04-11 Tentative Ruling

1. If you wish to submit on the tentative ruling, please email the clerk at SMCdept51@lacourt.org (and “cc” all other parties in the same email) and notify all other parties in advance that you will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you do not have access to the internet, you may call the clerk at (213) 633-0351.

If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear and argue the motion, and the Court may decide not to adopt the tentative ruling. Please note that the tentative ruling is not an invitation, nor an opportunity, to file any further documents relative to the hearing in question which are not authorized by statute or Rule of Court.

2. For any motion where no parties submit to the tentative ruling in advance, and no parties appear at the motion hearing, the Court may elect to either adopt the tentative ruling or take the motion off calendar, in its discretion.

3. DO NOT USE THE ABOVE EMAIL FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE RULING. The Court will not read or respond to emails sent to this address for any other purpose.

Case Number: 20STCV00422 Hearing Date: April 11, 2025 Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE: April 11, 2025

CASE NAME: Carol M. Caroll v. Anthony, Inc. dba Anthony International, et al.

CASE NO.: 20STCV00422

PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Defendant Anthony, Inc. dba Anthony International

RESPONDING PARTY(S): None as of April 7, 2025

REQUESTED RELIEF:

1. An Order confirming the November 20, 2023 Arbitration Award dismissing the arbitration.

TENTATIVE RULING:

1. Petition to Confirm the Arbitration Award is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On January 6, 2020, Plaintiff Carol M. Caroll (Plaintiff) filed a Complaint against Defendants Anthony, Inc. dba Anthony International (Anthony), Rolando Marches (Marches), and Cecilia Howsare (Howsare) with nine causes of action for: (1) Hostile Work Environment in Violation of FEHA; (2) Wrongful Termination in Violation of Public Policy; (3) Sexual Harassment in Violation of FEHA; (4) Retaliation in Violation of FEHA; (5) Failure to Prevent Harassment, Discrimination & Retaliation in Violation of FEHA; (6) Sexual Discrimination Based on Gender in Violation of FEHA; (7) Intentional Infliction of Emotional Distress; (8) Sexual Battery; and (9) Battery.

According to the Complaint, Plaintiff worked for Anthony as a production supervisor. Defendants Marches and Howsare also worked for Anthony. Plaintiff alleges that Defendant Howsare sexual assaulted Plaintiff repeatedly and Anthony terminated Plaintiff for complaining about it to HR.

On March 15, 2021, Anthony filed an Answer.

On April 7, 2021, Plaintiff and Anthony filed a stipulation with proposed order to stay action and submit matter to binding arbitration which the court GRANTED.

On April 30, 2024, Plaintiff filed a motion to set aside/vacate dismissal of the arbitration which the court DENIED.

On November 14, 2024, Anthony filed the instant Petition to Confirm Arbitration Award.

On February 25, 2025, the court continued the hearing on the Petition to Confirm Arbitration Award due to lack of proof of service of notice of the hearing.

On February 26, 2025, Anthony filed a notice of continuance with proof of service.

As of April 7, 2025, the court has not received any response to the Petition to Confirm Arbitration Award.

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:¿¿¿

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.¿¿¿

Set forth the names of the arbitrators.¿¿¿

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, Anthony complied with this requirement. First, they attached the Agreement which provides for arbitration. (Petition, Attachment 4(B), Article 4.) Second, the Petition sets forth the Arbitrator’s name: Deborah Crandall Saxe. Finally, Anthony attached a copy of the Award. (Petition, Attachment 8(C).)

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.¿¿¿

¿¿¿

(c) If the arbitration agreement does not provide the manner in which such service shall be made and the person on whom service is to be made has previously appeared in the proceeding . . . service shall be made in the manner provided in Chapter 5 (commencing with¿Section 1010) of Title 14 of Part 2 of this code. ¿¿¿

(CCP § 1290.4.)¿

Here, Anthony substantially complied with this requirement. First, the arbitration agreement does not provide the manner in which service shall be made. Second, Plaintiff appeared in this action. Third, Anthony gave notice of the continued hearing on February 26, 2025.

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.)¿¿

¿¿

This requirement is met because the Award is attached as an exhibit to the Petition.¿¿¿

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.)¿¿

This Petition is timely because it was filed more than 10 days after the November 20, 2023 Award.

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.)¿¿

Here, Anthony demonstrated that on November 20, 2023, the arbitrator issued an Award dismissing this matter.

Accordingly, the court GRANTS Anthony’s Petition to Confirm Arbitration Award.¿¿

CONCLUSION:

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

1. Petition to Confirm the Arbitration Award is GRANTED.

Moving party is to prepare a judgment within 10 days and to give notice.

IT IS SO ORDERED.

Dated: April 11, 2025 __________________________________ Upinder S. Kalra

Judge of the Superior Court