On 09/26/2019 CAROLYN C PHILLIPS filed an Other - Arbitration lawsuit against RANDY ROSE. 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 Pending - Other Pending.
*******4189
09/26/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
PHILLIPS CAROLYN C.
ROSE RANDY
9/30/2020: Proof of Publication - Proof of Publication
12/2/2020: Minute Order - Minute Order (Hearing on Petitioner Carolyn C. Phillips' Petition to Confir...)
8/24/2020: Application (name extension) - Application Application for Publication
8/24/2020: Notice (name extension) - Notice Notice of Continuance of Hearing to Confirm Arbitration Award
8/27/2020: Order for Publication - Order for Publication for Randy
9/3/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)
3/24/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
2/6/2020: Notice (name extension) - Notice of Continuance of Hearing to Confirm Arbitration Award
1/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
9/26/2019: Notice of Hearing on Petition - Notice of Hearing on Petition
9/26/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award
9/26/2019: Summons - Summons on Petition
9/26/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
9/26/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
9/26/2019: First Amended Standing Order - First Amended Standing Order
DocketJudgment is to be entered for Petitioner Carolyn C. Phillips against Respondent Randy Rose on the Petition filed by Carolyn C. Phillips on 09/26/2019 for the principal amount of $6,078.94 for a total of $6,078.94.
DocketMinute Order (Hearing on Petitioner Carolyn C. Phillips' Petition to Confir...)
DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 12/02/2020 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 12/02/2020; Result Type to Held - Motion Granted
DocketProof of Publication; Filed by: Carolyn C. Phillips (Petitioner); As to: Randy Rose (Respondent)
DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)
DocketPursuant to the request of defendant, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 09/03/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 12/02/2020 09:00 AM
DocketUpdated -- Application for Publication re: Randy: Name Extension changed from Application for Publication to for Publication re: Randy; Result Date: 08/27/2020; As To Parties changed from Randy Rose (Respondent) to Randy Rose (Respondent)
DocketUpdated -- Order for Publication for Randy: Filed By: Carolyn C. Phillips (Petitioner); Result: Granted; Result Date: 08/27/2020
DocketUpdated -- Order for Publication for Randy: Status Date changed from 08/24/2020 to 08/27/2020; Result Date changed from 08/27/2020 to 08/27/2020; As To Parties changed from Randy Rose (Respondent) to Randy Rose (Respondent)
DocketApplication Application for Publication; Filed by: Carolyn C. Phillips (Petitioner); As to: Randy Rose (Respondent)
DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 01/30/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 04/16/2020 10:30 AM
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 01/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
DocketPetition to Confirm Arbitration Award; Filed by: Carolyn C. Phillips (Petitioner); As to: Randy Rose (Respondent)
DocketSummons on Petition; Issued and Filed by: Carolyn C. Phillips (Petitioner); As to: Randy Rose (Respondent)
DocketCivil Case Cover Sheet; Filed by: Carolyn C. Phillips (Petitioner); As to: Randy Rose (Respondent)
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STCP04189 Hearing Date: December 02, 2020 Dept: 26
Phillips v. Rose, et al. PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Petitioner Carolyn C. Phillips’ Petition to Confirm Arbitration Award is GRANTED.
Judgment to be entered in favor of Petitioner in the amount of $6,078.94.
Proposed order to be filed within ten (10) days’ service of this order. ANALYSIS: On July 16, 2019, an arbitrator issued an Arbitration Award in favor of Carolyn
C. Phillips (“Petitioner”) and against
Randy Rose (“Respondent”). On
September 26, 2019, Petitioner filed the instant Petition to Confirm
Arbitration Award (the “Petition”). The Petition was initially set for hearing
on January 30, 2020 but the hearing was continued prior to that date. At the
initial hearing on September 3, 2020, the Court found Petitioner had not
demonstrated proper notice of the Petition and Notice of Hearing. (Minute
Order, 9/3/20.) The Court continued the hearing to December 2, 2020. On September 30, 2020, Petitioner
filed proof of service of the Summons by publication. 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).) Petitioner has now shown compliance with Code
of Civil Procedure, section 1290.4. Proof of service of the Summons by
publication was filed on September 30, 2020. Therefore, the Court has obtained
personal jurisdiction over Respondent, who has yet to file a response to the
Petition. Service of the Arbitration Award (CCP §§ 1283.6,
1288) 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 proof of service of the arbitration award is attached to the
Petition. (Pet., Attachment 6(c), Proof of Service.) It shows service of the
arbitration award by regular, first-class mail on July 31, 2019. (Pet.,
Attachment 6(c), Proof of Service.) Proof of service by first-class mail does
not satisfy the statutory requirements, 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.) As
Petitioner has now demonstrated proper service by publication, the Court finds
service of the arbitration award sufficient under section 1283.6. 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.) The Petition
was timely served a year after the award was initially served. The Court finds
that Petitioner has satisfied Code of Civil Procedure sections 1288 and 1288.4.
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., ¶2.) It also sets forth the name of the
Arbitrator, Richard D. Burstein. (Id.
at ¶4.) Finally, a copy of the Award is attached to the Petition. (Id.
at Attachment 6(c).) The Court, therefore, finds the substantive portion of the
Petition has been satisfied. Conclusion Based on the foregoing, the hearing on the Petition to Confirm
Arbitration Award is GRANTED. Judgment to be entered in favor of Petitioner in
the amount of $6,078.94. Proposed order to be filed within ten (10) days’ service
of this order. Moving party to give notice.
Case Number: 19STCP04189 Hearing Date: September 03, 2020 Dept: 26
PETITION TO CONFIRM ARBITRATION AWARD
(CCP § 1285)
TENTATIVE RULING:
Petitioner Carolyn C. Phillips’ Petition to Confirm Arbitration Award is DENIED..ANALYSIS:
On July 16, 2019, an arbitrator issued an Arbitration Award in favor of Carolyn C. Phillips (“Petitioner”) and against Randy Rose (“Respondent”). On September 26, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Petition was initially set for hearing on January 30, 2020 but the hearing was continued prior to that date. Petitioner was ordered to give Respondent notice of the current hearing date. 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).)
Petitioner has not shown compliance with Code of Civil Procedure, section 1290.4. No proof of service is on file with respect to the Petition or Notice of Hearing. An Application for Service by Publication was filed by Petitioner on August 24, 2020 and is currently pending with the Court. Petitioner, therefore, has not demonstrated compliance with the requirements of Code of Civil Procedure, section 1290.4 at this time and the Court lacks personal jurisdiction over Respondent. (Abers v. Rohrs (2013) 217 Cal.App.4th 1199, 1206 (explaining that “[p]roper service of process of a petition or complaint is the means by which a court obtains personal jurisdiction over a party.”))
Service of the Arbitration Award (CCP §§ 1283.6, 1288)
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 proof of service of the arbitration award is attached to the Petition. (Pet., Attachment 6(c), Proof of Service.) However, it only shows service of the arbitration award by regular, first-class
mail. (Pet., Attachment 6(c), Proof of Service.) This does not satisfy the statutory requirements. The Court notes that 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.) Until such service is accomplished in this case, however, the Court cannot find the requirements for service of the arbitration award are met.
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.) Again, the Court cannot find satisfaction of these deadlines until Petitioner demonstrates proper service of the Award.
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., ¶2.) It also sets forth the name of the Arbitrator, Richard D. Burstein. (Id. at ¶4.) Finally, a copy of the Award is attached to the Petition. (Id. at Attachment 6(c).) The Court, therefore, finds the substantive portion of the Petition has been satisfied.
Conclusion
Based on the foregoing, the hearing on the Petition to Confirm Arbitration Award is DENIED.