Judge: William A. Crowfoot, Case: 23AHCP00216, Date: 2023-07-11 Tentative Ruling

Case Number: 23AHCP00216    Hearing Date: July 11, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

FORWARD FINANCING, LLC,

                   Plaintiff(s),

          vs.

 

DAN LI, et al.,

 

                   Defendant(s).

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     CASE NO.:  23AHCP00216

 

[TENTATIVE] ORDER RE: PETITION TO CONFIRM ARBITRATION AWARD

 

Dept. 3

8:30 a.m.

July 11, 2023

 

On May 24, 2023, Forward Financing, LLC (“Forward Financing”) filed this petition to confirm an arbitration award.  The petition attaches a copy of the agreement entered into between Forward Financing and Dan Li (“Li”) and Yong Dan Group Inc. dba Yong Dan Group (“YDG”) for the purchase of $36,480 in future receipts.  The parties agreed that “any arbitration under this [a]greement, and any arbitration award rendered in such arbitration shall be governed by the Federal Arbitration Act and the applicable laws of the Commonwealth of Massachusetts.”  (Petition, Attachment 4(h), section 10(d).)   

The Massachusetts Arbitration Act provides that “[u]pon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in [§§ 12 and 13].”  (Mass. G.L., c. 215, § 11.)  In turn, sections 12 and 13 require that any challenge be brought within thirty days of receipt of the award.  (Mass. G. L. c. 251, §§ 12 (b), 13 (a).) 

On February 22, 2023 and March 22, 2023, the arbitrator, Henry W. Gorham, awarded Plaintiff $28,036 in damages, $599.80 in service costs, and $2,075 in administrative costs.  Neither Li nor YDG challenged the arbitration award and the time to do so has expired.   Accordingly, Plaintiff’s petition to confirm the arbitration award is GRANTED.

 

Moving party to give notice.

 

 

Dated this 11th day of July, 2023

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.