Judge: William A. Crowfoot, Case: 23AHCP00295, Date: 2023-08-23 Tentative Ruling
Case Number: 23AHCP00295 Hearing Date: August 23, 2023 Dept: 3
SUPERIOR COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - NORTHEAST
DISTRICT
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Petitioner(s), vs. Respondent(s). |
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[TENTATIVE]
ORDER RE: Dept.
3 August
23, 2023 |
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On
July 12, 2023, petitioner Swift Financial, LLC, as the servicing agent for
WebBank (“Petitioner”), filed this petition to confirm a contractual
arbitration award. The petition is
unopposed by respondents Masannat Shipping, Inc. and Imad Masannat
(collectively, “Respondents”).
Any party to an arbitration in which an
award has been made may petition the court for confirmation of the award. (Code Civ. Proc., § 1285.) Upon service and filing of a petition to
confirm arbitration award, the court shall confirm the award as made, unless it
corrects or vacates the award, or dismisses the proceeding. (Id., § 1286.) The contents of a petition to confirm an
arbitration award shall set forth the substance of or have attached a copy of
the agreement to arbitrate, the names of the arbitrators, and shall set forth
or have attached a copy of the award and the written opinion of the
arbitrators. (Code Civ. Proc., §
1285.4.) Where the petition is served
but no response is served and filed, the allegations in the petition are deemed
admitted. (Code Civ. Proc. § 1290; Taheri
Law Group, A.P.C. v. Sorokurs (2009) 176 Cal.App.4th 956, 962.)
Here, Petitioner attached a copy of the
arbitration award, the name of the arbitrator (Gary S. Klein) and the agreement
to arbitrate. Petitioner filed a proper proof of service, and no objections
were filed by Respondents.
Accordingly, the Petition is
GRANTED.
Dated
this
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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.