Judge: William A. Crowfoot, Case: 23AHCP00357, Date: 2023-09-21 Tentative Ruling

Case Number: 23AHCP00357    Hearing Date: February 28, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

FORWARD FINANCING LLC,

                   Petitioner(s),

          vs.

 

FELIX PARKER, et al.,

 

                   Respondent(s).

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     CASE NO.:  23AHCP00357

 

[TENTATIVE] ORDER RE: PETITION TO CONFIRM ARBITRATION AWARD

 

Dept. 3

8:30 a.m.

February 28, 2024

 

 

 

 

          Petitioner Forward Financing LLC requests the Court confirm an arbitration award made on July 12, 2023 and enter judgment against respondents Mass Exclusive LLC dba Mass Exclusive (“Mass Exclusive”) and Felix Parker (“Parker”) (collectively, “Respondents”). Respondents are jointly and severally liable to pay a total of $167,223.95, consisting of $164,640 in damages, $183.95 in costs, and $5,300 in administrative fees.

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.) A party seeking confirmation of an arbitration award must provide at least 10 days’ notice to all parties of the hearing date on the petition seeking to confirm the arbitration award. (Code Civ. Proc., § 1290.2 [“[a] petition under this title shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days’ notice of the date set for the hearing on the petition shall be given”].) Further, a party seeking confirmation of an arbitration award must serve and file the petition seeking confirmation at least 10 days, but not later than 4 years, after the date of service of the arbitration award upon him or her.  (Id., §§ 1288, 1288.4.) 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.)

The hearing was previously continued to allow Petitioner time to serve Mass Exclusive with the Petition and give notice of this hearing. Petitioner served Mass Exclusive on September 7, 2023. No opposition to this Petition was filed. The petition appropriately includes a copy of the award and written opinion of the arbitrator dated July 17, 2923. Accordingly, the petition is timely and GRANTED.

 

 

Dated this 28th day of February, 2024

 

 

 

 

       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.