This case was last updated from Los Angeles County Superior Courts on 10/28/2020 at 01:39:27 (UTC).

ANAPHRODISIAC, LLC VS ARCHSTONE DISTRIBUTION, LLC

Case Summary

On 09/27/2019 ANAPHRODISIAC, LLC filed an Other lawsuit against ARCHSTONE DISTRIBUTION, LLC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4225

  • Filing Date:

    09/27/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

ANAPHRODISIAC LLC

Respondent

ARCHSTONE DISTRIBUTION LLC

Attorney/Law Firm Details

Petitioner Attorney

FELDMAN JASON K.

 

Court Documents

Supplemental Declaration (name extension) - Supplemental Declaration Jason Feldman in support of petition to confirm arbitration

9/22/2020: Supplemental Declaration (name extension) - Supplemental Declaration Jason Feldman in support of petition to confirm arbitration

Proof of Service by Mail - Proof of Service by Mail

9/23/2020: Proof of Service by Mail - Proof of Service by Mail

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

10/26/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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

8/17/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Proof of Service by Mail - Proof of Service by Mail

3/23/2020: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Mail - Proof of Service by Mail

3/5/2020: Proof of Service by Mail - Proof of Service by Mail

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

3/11/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

3/16/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

3/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

12/11/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

11/22/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice of Hearing on Petition - Notice of Hearing on Petition

9/27/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

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

9/27/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

9/27/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

First Amended Standing Order - First Amended Standing Order

9/27/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

9/27/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Petition

10/1/2019: Summons - Summons on Petition

5 More Documents Available

 

Docket Entries

  • 12/03/2020
  • Hearing12/03/2020 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Appearance Case Review

    Read MoreRead Less
  • 10/26/2020
  • DocketNon-Appearance Case Review Re: Status of Petitioner's Lodging of Proposed Judgment scheduled for 12/03/2020 at 09:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 10/26/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

    Read MoreRead Less
  • 10/26/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/26/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/26/2020; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 09/23/2020
  • DocketProof of Service by Mail; Filed by: Anaphrodisiac, LLC (Petitioner); As to: Archstone Distribution, LLC (Respondent)

    Read MoreRead Less
  • 09/22/2020
  • DocketSupplemental Declaration Jason Feldman in support of petition to confirm arbitration; Filed by: Anaphrodisiac, LLC (Petitioner)

    Read MoreRead Less
  • 08/17/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

    Read MoreRead Less
  • 08/17/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 08/17/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 10/26/2020 10:00 AM

    Read MoreRead Less
  • 03/23/2020
  • DocketProof of Service by Mail; Filed by: Anaphrodisiac, LLC (Petitioner); As to: Archstone Distribution, LLC (Respondent)

    Read MoreRead Less
  • 03/18/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
6 More Docket Entries
  • 12/11/2019
  • DocketDue to Clerical Error, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 01/31/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Rescheduled by Court was rescheduled to 03/18/2020 10:30 AM

    Read MoreRead Less
  • 11/22/2019
  • DocketProof of Service by Substituted Service; Filed by: Anaphrodisiac, LLC (Petitioner); As to: Archstone Distribution, LLC (Respondent); Proof of Mailing Date: 10/25/2019; Service Cost: 111.18; Service Cost Waived: No

    Read MoreRead Less
  • 10/01/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 01/31/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 10/01/2019
  • DocketSummons on Petition; Issued and Filed by: Anaphrodisiac, LLC (Petitioner)

    Read MoreRead Less
  • 10/01/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 09/27/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: Anaphrodisiac, LLC (Petitioner); As to: Archstone Distribution, LLC (Respondent)

    Read MoreRead Less
  • 09/27/2019
  • DocketCivil Case Cover Sheet; Filed by: Anaphrodisiac, LLC (Petitioner); As to: Archstone Distribution, LLC (Respondent)

    Read MoreRead Less
  • 09/27/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 09/27/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 09/27/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STCP04225    Hearing Date: October 26, 2020    Dept: 25

HEARING DATE:    Mon., October 26, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME Anaphrodisiac, LLC v. Archstone Distribution, LLC

CASE NUMBER: 19STCP04225 PET. FILED: 09-27-19

NOTICE: OK

PROCEEDINGS    PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

MOVING PARTY:   Petitioner Anaphrodisiac, LLC   

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285 et seq.)

TENTATIVE RULING:

Petitioner Anaphrodisiac, LLC’s Petition to Confirm Arbitration Award is GRANTED. Judgment to be entered against Respondent pursuant to the Arbitration Agreement. Petitioner to file a proposed judgment within ten (10) days of this order.

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of October 22, 2020 [   ] Late [X] None

REPLY: None filed as of October 22, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On July 23, 2019, Arbitrator Judith M. Sasaki (the “Arbitrator”) with the Independent Film and Television Alliance rendered an award in favor of Petitioner Anaphrodisiac, LLC (“Petitioner”) and against Respondent Archstone Distribution, LLC (“Respondent”) in the amount of $22,905.80, which consists of $16,500 in contractual damages, $2,705.80 in attorney’s fees, $700.00 in costs, and $3,000.00 in arbitrator fees (the “Arbitration Award”). (Pet., Attach. 8(c), ¶ VII.)

On September 27, 2019, Petitioner initiated this action by filing the instant Petition to Confirm Arbitration Award (the “Petition”).

At the initial hearing on August 17, 2020, the Court found that Petitioner did not include a copy of the parties’ arbitration agreement or a proof of service demonstrating that the neutral Arbitrator served a copy of the Arbitration Award on the parties. (8/17/20 Minute Order.) Petitioner was ordered to file and serve supplemental papers addressing these deficiencies. (Id.) On September 22, 2020, Petitioner filed supplemental papers.

To date, no opposition has been filed.

  1. 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.”  (EHM Productions, supra, at p. 1063-64.)

  1. Discussion

A. Filing Requirements (CCP § 1285.4)

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

  1. 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.

  2. 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.”

Here, Petitioner submitted a copy of the Arbitration Award, which sets forth the name of the neutral arbitrator. (Pet., Attach. 8(c) In its supplemental papers, Petitioner submitted a copy of the parties’ Sales Agency Agreement, which includes an arbitration provision. Thus, Petitioner has satisfied Section 1285.4.  

B. Service of the Arbitration Award, Petition, and Notice of Hearing (CCP §§ 1283.6, 1290.4.)

Code of Civil Procedure, section 1283.6 provides 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.”  (Italics added.)

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.”

(Italics added.)

Petitioner filed a proof of service demonstrating that it served Scott Martin, Respondent’s agent for service of process, by substitute service on October 10, 2019. (11/22/19 Proof of Service.) In addition, Petitioner’s supplemental papers demonstrate that the Arbitrator served a copy of the Arbitration Award on the parties on August 6, 2019 via certified mail. (9/22/20 Feldman Decl., ¶ 3, Exh. B.) Thus, Petitioner has satisfied the service requirements of Sections 1283.6 and 1290.4.

C. Timing of the Petition (CCP §§ 1288, 1288.4)

 

A party may seek a court judgment confirming an arbitration award by filing and serving a petition no more than four years, but not less than 10 days, after the award is served. (Code Civ. Proc., §§ 1288, 1288.4.) Here, the Petition was filed at least 10 days but no more than 4 years after the Arbitration Award was initially served on August 6, 2019. Thus, Petitioner has satisfied sections 1288 and 1288.4.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Anaphrodisiac, LLC’s Petition to Confirm Arbitration Award is GRANTED. Judgment to be entered against Respondent pursuant to the Arbitration Agreement. Petitioner to file a proposed judgment within ten (10) days of this order.

Moving party is ordered to give notice.

Case Number: 19STCP04225    Hearing Date: August 17, 2020    Dept: 25

HEARING DATE: Mon., August 17, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Anaphrodisiac, LLC v. Archstone Distribution, LLC

CASE NUMBER: 19STCP04225 PET. FILED: 09-27-19

NOTICE: OK

PROCEEDINGS: PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

MOVING PARTY: Petitioner Anaphrodisiac, LLC

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285 et seq.)

TENTATIVE RULING:

Petitioner Anaphrodisiac, LLC’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 26, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of August 13, 2020 [ ] Late [X] None

REPLY: None filed as of August 13, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 23, 2019, Arbitrator Judith M. Sasaki (the “Arbitrator”) with the Independent Film and Television Alliance rendered an award in favor of Petitioner Anaphrodisiac, LLC (“Petitioner”) and against Respondent Archstone Distribution, LLC (“Respondent”) in the amount of $22,905.80, which consists of $16,500 in contractual damages, $2,705.80 in attorney’s fees, $700.00 in costs, and $3,000.00 in arbitrator fees (the “Arbitration Award”). (Pet., Attach. 8(c), ¶ VII.)

On September 27, 2019, Petitioner initiated this action by filing the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no opposition has been filed.

  1. 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.” (EHM Productions, supra, at p. 1063-64.)

  1. Discussion

A. Filing Requirements (CCP § 1285.4)

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

  1. 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.

  2. 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.”

Here, Petitioner submitted a copy of the Arbitration Award, which sets forth the name of the neutral arbitrator. (Pet., Attach. 8(c) However, the Petition does not include a copy of the arbitration agreement between the parties. Thus, Petitioner has not satisfied the above requirements.

B. Service of the Arbitration Award, Petition, and Notice of Hearing (CCP §§ 1283.6, 1290.4.)

Code of Civil Procedure, section 1283.6 provides 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.”  (Italics added.)

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.”

(Italics added.)

Petitioner filed a proof of service demonstrating that it served Scott Martin, Respondent’s agent for service of process, by substitute service on October 10, 2019. (11/22/19 Proof of Service.) However, the Petition does not include a proof of service demonstrating the neutral Arbitrator served a copy of the Arbitration Award on the parties. As noted above, Code of Civil Procedure section 1283.6 requires that the neutral arbitrator serve a copy of the Award on the parties either personally, by registered or certified mail, or as provided for in the arbitration agreement. Thus, Petitioner has not satisfied the above requirements.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Anaphrodisiac, LLC’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 26, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.