This case was last updated from Los Angeles County Superior Courts on 10/17/2020 at 10:18:06 (UTC).

ARDEN SILVERMAN VS HYRECAR, INC

Case Summary

On 04/06/2020 ARDEN SILVERMAN filed an Other - Arbitration lawsuit against HYRECAR, 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:

    *******1275

  • Filing Date:

    04/06/2020

  • 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

SILVERMAN ARDEN DBA CAPITAL ASSET PROTECTION

Respondent

HYRECAR INC

 

Court Documents

Writ - Return - Writ - Return

8/31/2020: Writ - Return - Writ - Return

Writ of Execution - Writ of Execution ( Los Angeles)

9/11/2020: Writ of Execution - Writ of Execution ( Los Angeles)

Judgment - Judgment - Arbitration Award - Before Trial - 08/10/2020 entered for Petitioner Arden Silverman DBA Capital Asset Protection against Respondent HyreCar, Inc.

8/10/2020: Judgment - Judgment - Arbitration Award - Before Trial - 08/10/2020 entered for Petitioner Arden Silverman DBA Capital Asset Protection against Respondent HyreCar, Inc.

Writ of Execution - Writ of Execution (Los Angeles)

8/14/2020: Writ of Execution - Writ of Execution (Los Angeles)

Notice (name extension) - Notice Notice of entry of judgment

8/14/2020: Notice (name extension) - Notice Notice of entry of judgment

Writ - Return - Writ - Return

8/17/2020: Writ - Return - Writ - Return

Writ of Execution - Writ of Execution (Los Angeles)

8/19/2020: Writ of Execution - Writ of Execution (Los Angeles)

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

8/10/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Notice (name extension) - Notice of hearing to confirm arbitration award

6/1/2020: Notice (name extension) - Notice of hearing to confirm arbitration award

Proof of Personal Service - Proof of Personal Service

4/10/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

4/6/2020: First Amended Standing Order - First Amended Standing Order

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

4/6/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Civil Case Cover Sheet - Civil Case Cover Sheet

4/6/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

4/6/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

4/6/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

3 More Documents Available

 

Docket Entries

  • 09/17/2020
  • DocketUpdated -- Writ - Return: As To Parties changed from HyreCar, Inc (Respondent) to HyreCar, Inc (Respondent)

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  • 09/11/2020
  • DocketWrit of Execution ( Los Angeles); Issued by: Arden Silverman (Petitioner); As to: HyreCar, Inc (Respondent); County: Los Angeles

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  • 08/31/2020
  • DocketWrit - Return ( ); Arden Silverman (Petitioner); As to: HyreCar, Inc (Respondent); Costs Credits: 0.00; Interest Credits: 0.00; Principal Credits: 0.00; Possession: No

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  • 08/19/2020
  • DocketUpdated -- Writ - Return (issued on 8/14/2020): Name Extension: (issued on 8/14/2020); As To Parties changed from HyreCar, Inc (Respondent) to HyreCar, Inc (Respondent)

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  • 08/19/2020
  • DocketWrit of Execution (Los Angeles); Issued by: Arden Silverman (Petitioner); As to: HyreCar, Inc (Respondent)

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  • 08/19/2020
  • DocketUpdated -- Writ of Execution (Los Angeles): As To Parties changed from HyreCar, Inc (Respondent) to HyreCar, Inc (Respondent); Status changed from Issued to Filed

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  • 08/17/2020
  • DocketWrit - Return ( ); Arden Silverman (Petitioner); As to: HyreCar, Inc (Respondent); Costs Credits: 0.00; Interest Credits: 0.00; Principal Credits: 0.00; Possession: No

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  • 08/14/2020
  • DocketNotice Notice of entry of judgment; Filed by: Arden Silverman (Petitioner); As to: HyreCar, Inc (Respondent)

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  • 08/14/2020
  • DocketWrit of Execution (Los Angeles); Issued by: Arden Silverman (Petitioner); As to: HyreCar, Inc (Respondent); County: Los Angeles

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  • 08/10/2020
  • DocketJudgment - Arbitration Award - Before Trial - 08/10/2020 entered for Petitioner Arden Silverman DBA Capital Asset Protection against Respondent HyreCar, Inc. Filed by: Clerk

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2 More Docket Entries
  • 08/10/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 08/10/2020 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/10/2020; Result Type to Held

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  • 06/01/2020
  • DocketNotice of hearing to confirm arbitration award; Filed by: Arden Silverman (Petitioner); As to: HyreCar, Inc (Respondent)

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  • 04/10/2020
  • DocketProof of Personal Service; Filed by: Arden Silverman (Petitioner); As to: HyreCar, Inc (Respondent); Service Date: 04/09/2020; Service Cost Waived: No

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  • 04/07/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 08/10/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/07/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 04/06/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Arden Silverman (Petitioner); As to: HyreCar, Inc (Respondent)

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  • 04/06/2020
  • DocketCivil Case Cover Sheet; Filed by: Arden Silverman (Petitioner); As to: HyreCar, Inc (Respondent)

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  • 04/06/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 04/06/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/06/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STCP01275    Hearing Date: August 10, 2020    Dept: 26

Silverman v. Hyrecar, Inc., et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Arden Silverman dba Capital Asset Protection’s Petition to Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED PURSUANT TO THE AWARD IN THE AMOUNT OF $15,000.00 principal and $2,125.00 ARBITRATION FEES. PETITIONER TO FILE PROPOSED JUDGMENT WITHING TEN (10) DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

On February 11, 2020, an arbitrator issued an Arbitration Award in favor of Pavel Zabela (“Assignor”) and against Hyrecar, Inc. (“Respondent”). On April 6, 2020, Zabela assigned right, title and interest to all claims held against Respondent to Arden Silverman dba Capital Asset Protection (“Petitioner”). Petitioner filed the instant Petition to Confirm Arbitration Award on the same date (the “Petition”). To date, no response has been filed.

Legal Standard

Per Code of Civil Procedure section 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.”

Per Code of Civil Procedure section 1285.4, “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 arbitrator; and (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

Per Code of Civil Procedure section 1286, “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.”

Discussion

Service of the Petition and Notice of Hearing

Code of Civil Procedure, section 1290.4 requires the Petition and Notice of Hearing to be served on Respondent “in the manner provided in the arbitration agreement for the service of such petition and notice” or “[i]f the arbitration agreement does not provide the manner in which such service shall be made . . . [s]ervice 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, subds. (a), (b).)

The parties have agreed to electronic service of process under the arbitration agreement. (Pet., Attachment 4(b).) Regardless, Petitioner filed personal proof of service of the Petition and Notice of Hearing on Respondent demonstrating service on April 9, 2002. (Proof of Service, filed 4/10/20.) The Court finds that the requirements of Code of Civil Procedure section 1290.4 have been satisfied.

Service of the Arbitration Award and Timing of Service of Petition (CCP §§ 1283.6, 1288, 1288.4)

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.)

No proof of service of the arbitration award is attached to the Petition. (Pet., Attachment 8(c).) However, the Court notes that proper service of the award with the Petition is sufficient to meet the requirements of CCP section 1283.6. (Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) As the Petition was personally served, service of a copy of the arbitration award is with the Petition is adequate.

Finally, a party seeking a court judgment confirming an arbitration award must file and serve the petition no more than four years, but not less than 10 days, after the award is served. (CCP §§ 1288, 1288.4.) Although service of the Award was only made concurrently with service of the Petition, the Court finds that there is no prejudice to Respondent from lack of strict compliance with section 1288.4.

Therefore, the Court finds the requirements of Code of Civil Procedure sections 1283.6, 1288 and 1288.4 regarding service of the award and timing of the Petition have been substantially satisfied.

Confirmation of the Arbitration Award

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (CCP § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) The court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (CCP § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) 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.) The Petition complies with the above requirements. It sets forth the nature of the agreement to arbitrate. (Pet., Attachment 4(b).) It also sets forth the name of the Arbitrator, Irene M. Guimera, Esq. (Pet., ¶6.) Finally, the Petition attaches a copy of the Award. (Pet., Attachment 8(c).) The Court, therefore, finds the substantive portion of the Petition has been satisfied.

Attorney’s Fees, Costs and Other Charges

To the extent Petitioner requests attorney’s fees and costs according to proof (Pet., ¶¶10(e)-(f)), those 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.

Petitioner also requests an award of collection costs under paragraph 25(f) of the arbitration agreement. (Pet., ¶10(g).) No explanation is provided with respect to the right to these purported collection costs or the amount incurred. Nor does the Court find that an award of collection costs is appropriate prior to entry of judgment. Post-judgment collection costs may be sought under Code of Civil Procedure section 685.040, et seq.

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is GRANTED. Judgment to be entered pursuant to the award in the amount of $15,000.00 principal and $2,125.00 arbitration fees.

Moving party to give notice.