On 06/24/2019 BUDGET UNIFORM RENTAL, INC filed an Other - Arbitration lawsuit against JC DIESEL INJECTION, INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Other.
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JAMES E. BLANCARTE
BUDGET UNIFORM RENTAL INC.
JC DIESEL INJECTION INC. DBA JC DIESEL INJECTION SERVICE
12/18/2019: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)
12/18/2019: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees
10/21/2019: Notice of Hearing on Petition - Notice of Hearing on Petition
10/11/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
6/28/2019: Proof of Service by Mail - Proof of Service by Mail
6/24/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
6/24/2019: First Amended Standing Order - First Amended Standing Order
6/24/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
6/24/2019: Notice of Hearing on Petition - Notice of Hearing on Petition
6/24/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award
DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)Read MoreRead Less
DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 12/18/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/18/2019; Result Type to Held - Motion GrantedRead MoreRead Less
DocketNotice of Hearing on Petition; Filed by: Budget Uniform Rental, Inc. (Petitioner)Read MoreRead Less
DocketThere being no judge available this date, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 10/28/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Court's Motion was rescheduled to 12/18/2019 10:30 AMRead MoreRead Less
DocketNotice Re: Continuance of Hearing and Order; Filed by: ClerkRead MoreRead Less
DocketProof of Service by Mail; Filed by: Budget Uniform Rental, Inc. (Petitioner); As to: JC Diesel Injection, Inc. (Respondent)Read MoreRead Less
DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/28/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94Read MoreRead Less
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk CourthouseRead MoreRead Less
DocketPetition to Confirm Arbitration Award; Filed by: Budget Uniform Rental, Inc. (Petitioner); As to: JC Diesel Injection, Inc. (Respondent)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by: Budget Uniform Rental, Inc. (Petitioner); As to: JC Diesel Injection, Inc. (Respondent)Read MoreRead Less
DocketNotice of Hearing on Petition; Filed by: ClerkRead MoreRead Less
DocketNotice of Case Assignment - Limited Civil Case; Filed by: ClerkRead MoreRead Less
DocketFirst Amended Standing Order; Filed by: ClerkRead MoreRead Less
Case Number: 19STCP02645 Hearing Date: December 18, 2019 Dept: 94
PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD
(CCP § 1285)
Petitioner Budget Uniform Rental, Inc.’s Petition to Confirm Contractual Arbitration Award is GRANTED.
On April 30, 2019, Petitioner and Respondent arbitrated their claims before arbitrator Mary S. Jones from the American Arbitration Association. An arbitration award was issued in favor of Petitioner and against Respondent in an amount of $16,137.69 on April 30, 2019 and modified on May 16, 2019. Petitioner filed the instant petition to confirm the arbitration award on June 24, 2019.
II. 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.” (Id.)
CCP § 1285.4 states: “A petition under this chapter shall:
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.
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.”
Petitioner has submitted a copy of the arbitration agreement, arbitration award, and name of the arbitrator. (Pet., Item Nos. 4, 6, 8, Attachments.) Petitioner has thus satisfied CCP section 1285.4 requirements.
CCP § 1283.6 provides that: “The 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.” (Emphasis added.)
CCP § 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.”
Here, Petitioner filed a proof of service on June 28, 2019 showing that the petition and notice of hearing on the petition was served on Respondent by mail that same date. (6/28/19 Proof of Service.) Petitioner served a notice of continuance of the hearing indicating that the hearing was continued to December 18, 2019 on October 21, 2019. (10/21/19 Notice of Continuation of Hearing on Plaintiff’s Motion to Confirm Arbitration Award.) Petitioner has also submitted proof of service demonstrating that the initial arbitration award and modified arbitration award were served by the neutral arbitrator on Petitioner by email and Respondent by regular and certified mail on May 1, 2019 and May 17, 2019, respectively. (Pet., 5/1/19 and 5/17/19 Cover Letter Attachments.) Petitioner has thus satisfied CCP § 1290.4 and § 1283.6.
A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the award is served on Respondents and Petitioners. (CCP §§ 1288, 1288.4.)
Here, the initial arbitration award and modified arbitration award were served on the parties on May 1, 2019 and May 17, 2019, respectively. (Pet., 5/1/19 and 5/17/19 Cover Letter Attachments.) The petition was filed on June 24, 2019. The petition was thus filed more than ten days, but less than four years after the award was served. The petition is thus timely under CCP § 1288 and § 1288.4.
IV. Conclusion & Order
Based on the foregoing, the petition is GRANTED.
Moving party is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.