Judge: Upinder S. Kalra, Case: 25STCP00684, Date: 2025-06-06 Tentative Ruling
Case Number: 25STCP00684 Hearing Date: June 6, 2025 Dept: 51
Tentative Ruling
Judge Upinder S.
Kalra, Department 51
HEARING DATE: June
6, 2025
CASE NAME: Wilshire
Commercial Capital LLC v. Instant Financing Inc., et al.
CASE NO.: 25STCP00684
PETITION
TO CONFIRM ARBITRATION AWARD
MOVING PARTY: Petitioner
Wilshire Commercial Capital LLC
RESPONDING PARTY(S): None
REQUESTED RELIEF:
1. An
Order confirming the March 12, 2024 Arbitration Award.
TENTATIVE RULING:
1. Petition
to Confirm Arbitration Award is GRANTED.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
On February 21, 2025, Petitioner Wilshire Commercial Capital
LLC (Petitioner) filed the instant Petition to Confirm Arbitration Award
against Respondents Instant Financing, Inc. and Gregory Plotkin (Respondents).
On February 24, 2025, Petitioner served notice of hearing on
this Petition with proof of personal service on each Respondent occurring on
March 15, 2025.
As of June 3, 2025, the court has not received any
oppositions.
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:¿¿¿¿
¿¿
¿¿
¿¿
¿¿¿¿
(CCP § 1285.4 (emphasis added).)¿¿¿¿
Here, Petitioner 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: Hon.
Gregory C. O’Brien, Jr. (ret.). Finally, Petitioner 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.¿¿¿¿
(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.¿¿
¿¿¿¿
(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, Petitioner complied with this requirement. First, the
arbitration agreement provides for services of “notices” via “personal
delivery, facsimile or deposit in the U.S. mail with first class postage
prepaid and properly addressed.” (Petition, Attachment 4(b), para. 12.) Second,
Petitioner personally served Respondents.
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.¿Additionally, Petitioners contend that the Award was
also served on March 13, 2024. (Petition, item 9(b).)
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 less than four
years but more than 10 days after the March 12, 2024 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, Petitioner demonstrated that on March 12, 2024, the
arbitrator issued an award in Petitioner’s favor for $449,450.86 which includes
Petitioner’s attorneys’ fees and arbitration costs.
Accordingly, the court GRANTS the Petition to Confirm
Arbitration Award.¿¿
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: June 6, 2025 __________________________________ Upinder
S. Kalra
Judge
of the Superior Court