Judge: Virginia Keeny, Case: 24STCP02634, Date: 2025-02-25 Tentative Ruling

Case Number: 24STCP02634    Hearing Date: February 25, 2025    Dept: 45

HAHA Smart inc. v. hale power and energy, inc.

petition to confirm arbitration award

Date of Hearing:  February 25, 2025                          Trial Date: None Set   

Department:               45                                            Case No.: 24STCP02634

Moving Party:             Petitioner HAHA SMART, INC.

Responding Party:       None.

BACKGROUND

The petition to confirm arbitration award was filed on August 19, 2024, by Petitioner Haha Smart, Inc. (“Petitioner”) against Respondent Hale Power and Energy Inc. (“Respondent”).

This arbitration involves a dispute over Respondent Hale Power and Energy, Inc.’s performance of its obligations to perform solar system installation services for customers of Claimant Haha Smart, Inc. (Petition; Attach. 8 (c) Arbitration Award  at p. 1.) Notwithstanding multiple attempts to serve all notices and documents in this arbitration on Respondent by e-mail and post utilizing multiple addresses, Respondent did not participate in any aspect of the arbitration proceedings. After due notice, Respondent failed to attend the evidentiary hearing and failed to obtain a postponement. (Id.)

The final award is as follows: “Respondent Hale Power and Energy, Inc. is ordered to pay Claimant Haha Smart, Inc. the sum of EIGHTY FOUR THOUSAND, FIVE HUNDRED SEVENTY-EIGHT UNITED STATES DOLLARS AND FIFTY FIVE CENTS ($84,578.55) as damages within 30 days of service of this Award. If Respondent fails to do so, the outstanding balance shall accrue interest at the legal rate applicable to court judgments in the State of California and Respondent is ordered to promptly pay to Claimant any interest accrued. Respondent Hale Power and Energy, Inc. is ordered to pay Claimant Haha Smart, Inc. the sum of NINE THOUSAND, TWO HUNDRED EIGHTY-FIVE UNITED STATES DOLLARS AND FIFTY CENTS ($9,285.50) as reimbursement of attorneys’ fees incurred by Claimant within 30 days of service of this Award. If Respondent fails to do so, the outstanding balance shall accrue interest at the legal rate applicable to court judgments in the State of California and Respondent is ordered to promptly pay to Claimant any interest accrued. Claimant’s request for pre-award interest is denied. The administrative fees of the American Arbitration Association totaling $3,300.00 shall be borne by Respondent, and compensation of the arbitrator totaling $1,450.00 shall be borne by Respondent. Therefore, Hale Power and Energy, Inc. shall reimburse Claimant Haha Smart, Inc. the sum of $4,750.00, representing that portion of said fees and expenses in excess of the apportioned costs previously incurred by Haha Smart, Inc. This Award is in full settlement of all claims and counterclaims submitted to this Arbitration. All claims not expressly granted herein are hereby, denied.”  (Petition; Attach. 8 (c) Arbitration Award  at pp. 4-5.)

[Tentative] Ruling

The Court grants the Petition.

LEGAL STANDARD

Until an arbitration award is confirmed by court judgment, it has only the effect of a contract between the parties. (Code Civ. Proc., § 1287.6.) If a petition or response requesting confirmation is duly filed and served, the court must confirm the award as made, unless it corrects or vacates the award or dismisses the proceeding. (Code Civ. Proc., § 1286; see Horn v. Gurewitz (1968) 261 Cal.App.2d 255, 258; Pacific Law Group: U.S.A. v. Gibson (1992) 6 Cal.App.4th 577, 580.) 

ANALYSIS

The Court will confirm the award.

Here, the Petition correctly attached copies of the written agreement with the provision to arbitrate and the award. (Petition; Attach. 4(b) at p.4.) The award was made on July 8, 2024. (Id.; Attach. 8(c) at p.10; Proof of Service “POS-010” at p. 2.) It is unclear when Respondent was served the final award. However, the petition’s proof of service which shows Respondent was served on October 16, 2024 and included the final award, also included a certified mail return receipt which was signed on October 21, 2024. (See POS-010 at p.2; Exhibit A.) No response has been filed to this Petition.

CONCLUSION

The Court will confirm the award.