Judge: Virginia Keeny, Case: 21VECV01316, Date: 2023-02-16 Tentative Ruling

Case Number: 21VECV01316    Hearing Date: February 16, 2023    Dept: W

MOE R. FAZELIAN v. CITI BANK NORTH AMERICA

petition to confirm arbitration award

Date of Hearing:        February 16, 2023                             Trial Date:       N/A  

Department:              W                                                        Case No.:        21VECV01316

Moving Party:            Defendant Citibank, N.A. (erroneously sued as Citi Bank North America

Responding Party:     No opposition.   

BACKGROUND

Plaintiff alleges Defendant furnished adverse and inaccurate information to credit bureaus with respect to a Shell Gas Card serviced by Defendant.  Plaintiff further alleges he informed Defendant of this mistake and was promised by Defendant that the correction would be made.

On October 1, 2021, Plaintiff Moe R. Fazelian filed a complaint against Defendant Citi Bank North America asserting causes of action for (1) Violation of Statutory Duties, in the meaning of violation of § 1785.25(a) of California Civil Code, Title 1.6, Chapter 3.5; and (2) Violation of California Business and Professions Code § 17200.

On January 11, 2022, this court granted Citi Bank’s motion to compel arbitration. Citi Bank now petitions the court for an order confirming the arbitration award. The petition is unopposed. 

[Tentative] Ruling

Citi Bank, N.A.’s Petition to Confirm Arbitration Award is GRANTED.

DISCUSSION

Citi Bank, N.A. petitions this court for an order granting confirming arbitration award pursuant to Code of Civil Procedure section 1285.

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (CCP §1285.) The petition 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.  (CCP §1285.4.)  Confirmation of the award is mandatory unless a response or petition to correct or vacate the award has been timely filed.¿ (See CCP §1286;¿Valsan Partners Limited Partnership v. Calcor Space Facility, Inc.¿(1994) 25 Cal.App.4th 809, 818.) A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. (CCP §1288.) A court does not have jurisdiction to correct or vacate an award if the response or petition to correct or vacate the award is filed 100 days after the date of the service of a signed copy of the award on the petitioner.  (CCP §1288; Abers v. Rohrs (2013) 217 Cal.App.4th 1199, 1203.)

In the instant matter, the petition complies with Code of Civil Procedure section 1285.4. The arbitration award was entered by the American Arbitration Association November 3, 2022 and served the same day. (Schulman Decl. ¶¶8, 10.) This petition was filed January 12, 2022. As a result, the petition is timely. Moreover, the petition states the arbitration was conducted by Barry Freeman and a copy of the arbitration award and written opinion is attached. The arbitrator found in favor of Citi Bank and found that the petitioner shall recover $4,591.55 (3,500 principal 1,591.55 through July 29, 2022).

Accordingly, the petition for order confirming arbitrator’s award as judgment is GRANTED.