This case was last updated from Los Angeles County Superior Courts on 02/24/2021 at 23:15:19 (UTC).

AMELI LAW GROUP VS LONG BEACH TOWING, INC.

Case Summary

On 04/16/2020 AMELI LAW GROUP filed an Other - Arbitration lawsuit against LONG BEACH TOWING, INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1414

  • Filing Date:

    04/16/2020

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

AMELI LAW GROUP

Respondent

LONG BEACH TOWING INC.

Attorney/Law Firm Details

Petitioner Attorney

AMELI CHANTELLE

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473)) of 02/03/2021

2/3/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473)) of 02/03/2021

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

2/3/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

Opposition (name extension) - Opposition Petitioner's Opposition to Respondent's Motion to Vacate the Judgment

12/30/2020: Opposition (name extension) - Opposition Petitioner's Opposition to Respondent's Motion to Vacate the Judgment

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

11/16/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Writ of Execution - Writ of Execution (Los Angeles)

12/7/2020: Writ of Execution - Writ of Execution (Los Angeles)

Proof of Service by Mail - Proof of Service by Mail

11/19/2020: Proof of Service by Mail - Proof of Service by Mail

Motion to Set Aside/Vacate Judgment - Motion to Set Aside/Vacate Judgment

11/17/2020: Motion to Set Aside/Vacate Judgment - Motion to Set Aside/Vacate Judgment

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

11/6/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

10/19/2020: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

10/23/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Proof of Service by Substituted Service - Proof of Service by Substituted Service

9/15/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer

10/9/2020: Answer - Answer

Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

10/15/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

6/19/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Hearing on Petition - Notice of Hearing on Petition

6/25/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

First Amended Standing Order - First Amended Standing Order

4/16/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

4/16/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4/16/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

14 More Documents Available

 

Docket Entries

  • 02/03/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

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  • 02/03/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473)) of 02/03/2021; Filed by: Clerk

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  • 02/03/2021
  • DocketHearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 02/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 02/03/2021

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  • 01/21/2021
  • DocketHearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 02/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 01/21/2021
  • DocketMinute Order (Hearing on Motion by Long Beach Towing, Inc. to Set Aside/Vac...)

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  • 01/21/2021
  • DocketUpdated -- Chantelle Ameli (Attorney): First Name changed from CHANTELLE to Chantelle; Last Name changed from AMELI to Ameli

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  • 01/21/2021
  • DocketAddress for Chantelle Ameli (Attorney) updated

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  • 01/21/2021
  • DocketThere being no judge available this date, Hearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 01/21/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 02/03/2021 10:00 AM

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  • 12/30/2020
  • DocketOpposition Petitioner's Opposition to Respondent's Motion to Vacate the Judgment; Filed by: Ameli Law Group (Petitioner)

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  • 12/30/2020
  • DocketDeclaration of Chantelle Ameli in Support of Petitioner's Opposition to Respondent's Motion to Vacate the Judgment; Filed by: Ameli Law Group (Petitioner)

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26 More Docket Entries
  • 06/19/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 06/19/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 08/20/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 10/15/2020 10:30 AM

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  • 04/16/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Ameli Law Group (Petitioner); As to: Long Beach Towing, Inc. (Respondent)

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  • 04/16/2020
  • DocketCivil Case Cover Sheet; Filed by: Ameli Law Group (Petitioner)

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  • 04/16/2020
  • DocketSummons on Petition; Issued and Filed by: Ameli Law Group (Petitioner)

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  • 04/16/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 04/16/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/16/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/16/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 08/20/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/16/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP01414    Hearing Date: February 03, 2021    Dept: 26

Ameli Law Group v. Long Beach Towing, Inc., et al.

MOTION TO VACATE JUDGMENT

(CCP § 473)

TENTATIVE RULING:

Respondent Long Beach Towing, Inc.’s Motion to Vacate Judgment is PLACED OFF CALENDAR.

ANALYSIS:

Petitioner Ameli Law Group (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Long Beach Towing, Inc. (“Respondent”) on April 16, 2020. Judgment was entered in Petitioner’s favor on the arbitration award on October 23, 2020. Respondent filed the instant Motion to Vacate Judgment on November 17, 2020. Petitioner filed an opposition on December 30, 2020.

Respondent is a corporation acting in pro per. It is black letter law that a corporation cannot represent itself in court. (Clean Air Transport Systems v. San Mateo County Transit Dist. (1988) 198 Cal.App.3d 576, 578 (citing Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729-730).) This rule applies to all entities regarded as separate from their owners, including partnerships and unincorporated associations. (See Clean Air Transport Systems, supra, 19 Cal.App.3d at 578.) Respondent should not have filed the instant Motion to Vacate without proper legal representation.

Therefore, Respondent Long Beach Towing, Inc.’s Motion to Vacate Judgment is PLACED OFF CALENDAR.

Court clerk to give notice.

Case Number: 20STCP01414    Hearing Date: October 15, 2020    Dept: 26

Ameli Law Group v. Long Beach Towing, Inc., et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Ameli Law Group’s Petition to Confirm Arbitration Award against Respondent Long Beach Towing, Inc. is GRANTED. PETITIONER TO FILE PROPOSED JUDGMENT WITHIN TEN (10) DAYS.

ANALYSIS:

Petitioner Ameli Law Group (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Long Beach Towing, Inc. (“Respondent”) on April 16, 2020. To date, no opposition has been filed.

Legal Standard

“Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of the superior court.” (O'Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.) “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.) “It is well settled that the scope of judicial review of arbitration awards is extremely narrow.” (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.) “Neither the trial court, nor the appellate court, may ‘review the merits of the dispute, the sufficiency of the evidence, or the arbitrator's reasoning, nor may we correct or review an award because of an arbitrator's legal or factual error, even if it appears on the award's face. Instead, we restrict our review to whether the award should be vacated under the grounds listed in section 1286.2. [Citations.]’” (Id.)

Discussion

On January 14, 2020, an arbitrator issued an award requiring Respondent to pay Petitioner $8,000.00, plus 10 percent interest per annum from the 30th day after the date of service of this award. (Pet., ¶6 and Attachment 6(c).) On April 16, 2020, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no opposition has been filed.

A. Filing Requirements of a Petition to Confirm Arbitration Award (CCP § 1285.4)

Code of Civil Procedure section 1285.4 states: “A petition under this chapter shall:

(a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement.

(b) Set forth the names of the arbitrators.

(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

(Code Civ. Proc., § 1285.4 (emphasis added).) Petitioner has set forth the nature of the attorney-client arbitration agreement (Pet., ¶2), name of the arbitrator (Pet., ¶4), and attached a copy of the Arbitration Award (Pet., Attach. 6(c)). Therefore, the Court finds that Petitioner has satisfied Code of Civil Procedure section 1285.4.

B. Service of the Arbitration Award (CCP § 1283.6)

Code of Civil Procedure section 1283.6 requires that “[t]he neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.) The award was served on the parties on March 13, 2020 by mail. (Pet., Attachment 6(c).) It is unclear whether this service satisfies section 1283.6 because there is no showing that notice by first-class mail was authorized by the agreement. However, proper service of the award with the Petition is sufficient to meet the requirements of section 1283.6 (Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) Accordingly, any failure by the arbitrator to serve the arbitration award has been corrected by service of the award in conjunction with the Petition and is not a barrier to confirming the arbitration award.

C. Service of Petition and Notice of Hearing (CCP § 1290.4)

Code of Civil Procedure section 1290.4 states in pertinent part:

“(a) 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.

(b) 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: ¶ (1) Service within this State shall be made in the manner provided by law for the service of summons in an action.”

(Code Civ. Proc., § 1290.4.) The Proof of Substitute Service shows that the petition papers and notice of hearing were sub-served on Respondent effective September 20, 2020. (Proof of Service, filed 09/15/20.) Accordingly, the Court finds that Petitioner has satisfied Code of Civil Procedure section 1290.4.

D. Timeliness of Petition to Confirm Arbitration Award

A party may seek a court judgment confirming an arbitration award by filing and serving a petition no more than four years after the award is served. (Code Civ. Proc., § 1288.) The petition, however, must be served at least ten (10) days after service of the signed copy of the award. (Code Civ. Proc., § 1288.4.) The Petition was timely served eight months after the award was issued. Although the only proof of proper service of the Petition is concurrent with service of the Award, there is no apparent prejudice to Respondent from the delay in service of the Award. The Court finds that Petitioner has satisfied Code of Civil Procedure section 1288 and that any failure to comply with section 1288.4 is not a bar to entry of judgment upon the Award.

E. Merits of the Petition to Confirm Arbitration Award

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (Code Civ. Proc., § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.)

Petitioner has demonstrated that on January 28, 2020, the arbitrator issued an award requiring Respondent to pay Petitioner $8,000.00, plus 10 percent interest per annum from the 30th day after the date of service of this award. (Pet., ¶6 and Attachment 6(c).)

Finally, Petitioner asks for costs in the amount of $370.00 and attorney’s fees of $2,600.00. Attorney’s fees and costs are permitted on a petition to confirm arbitration award. (Code Civ. Proc., § 1293.2; MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Petitioner may file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700 and a noticed motion for attorney’s fees pursuant to Cal. Rules of Court Rule 3.1702.

Conclusion

Petitioner Ameli Law Group’s Petition to Confirm Arbitration Award against Respondent Long Beach Towing, Inc. is GRANTED. PETITIONER TO FILE PROPOSED JUDGMENT WITHIN TEN (10) DAYS.

Moving party is to give notice.

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