Judge: Virginia Keeny, Case: 22STCV22433, Date: 2025-02-05 Tentative Ruling

Case Number: 22STCV22433    Hearing Date: February 5, 2025    Dept: 45

NEW HOME WARRANTY INSURANCE COMPANY V. OTT ARCH, INC.

MOTION TO CONFIRM ARBITRATION AWARD

Date of Hearing:          2/5/2025                                 Trial Date:       N/A

Department:               45                                            Case No.:         22STCV22433

Moving Party:             Plaintiff New Home Warranty Insurance Company

Responding Party:       Defendant OTT Arch, Inc. [UNOPPOSED]

[TENTATIVE] RULING

Plaintiff’s motion is continued to ________________, 2025. Plaintiff is ordered to effect service in the manner provided by law for the service of summons at least thirty (30) days before the continued hearing (or as adjusted for method of service), as required by Code of Civil Procedure section 1290.4(b) where the respondent to a petition has yet to appear in an action.

DISCUSSION

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc., § 1285.)

“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.” (Id., § 1290.4(a).)

“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[, s]ervice within this State shall be made in the manner provided by law for the service of summons in an action.” (Id., § 1290.4(b)(1).)

Plaintiff has not specified any method of service authorized in the arbitration agreement or award. Defendant has not appeared in this action or otherwise been served according to section 1290.4; Plaintiff’s Motion to Compel was also served by U.S. Mail. Defendant is entitled to service of the petition in the manner of a summons.

The hearing is continued for Plaintiff to effect proper service.