On 09/02/2020 CHRISTOPHER DREGER filed an Other - Arbitration lawsuit against MARK BLANCHARD. 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.
Pending - Other Pending
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
Court documents are not available for this case.
Hearing06/24/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)Read MoreRead Less
DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 01/06/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 06/24/2021 09:30 AMRead MoreRead Less
DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 06/24/2021 at 09:30 AM in Spring Street Courthouse at Department 25Read MoreRead Less
DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)Read MoreRead Less
DocketPetition to Confirm Arbitration Award; Filed by: Christopher Dreger (Petitioner); As to: Mark Blanchard (Respondent)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by: Christopher Dreger (Petitioner); As to: Mark Blanchard (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
DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 01/06/2021 at 08:30 AM in Spring Street Courthouse at Department 25Read MoreRead Less
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street CourthouseRead MoreRead Less
Case Number: 20STCP02817 Hearing Date: January 06, 2021 Dept: 25
HEARING DATE: Wed., January 6, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: Dreger v. Blanchard PET. FILED: 09-02-20
CASE NUMBER: 20STCP02817
PROCEEDINGS: PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD
MOVING PARTY: Petitioner Christopher Dreger
RESP. PARTY: None
PETITION TO CONFIRM ARBITRATION AWARD
(CCP § 1285)
Petitioner Christopher Dreger’s Petition to Confirm Contractual Arbitration Award is CONTINUED TO FEB 16, 2021 AT 11:00 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 noted herein. Failure to do so may result in the Petition being placed off calendar or denied.
[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO
[ ] Correct Address (CCP §§ 1013, 1013a) NO
[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO
OPPOSITION: None filed as of January 4, 2021 [ ] Late [X] None
REPLY: None filed as of January 4, 2021 [ ] Late [X] None
Petitioner Christopher Dreger (“Petitioner”) filed the instant Petition to Confirm Contractual Arbitration Award (the “Petition”) against Respondent Mark Blanchard (“Respondent”) on September 2, 2020.
No opposition has been filed.
“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.)
Code of Civil Procedure, section 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.”
The Petition sets forth the name of the neutral arbitrator. (Pet., ¶ 6.) It also states that a copy of the parties’ agreement to arbitrate is included, but no such agreement is attached. (Id. at ¶ 4(b).) A copy of the arbitration award is also not included. (Id. at ¶ 8(c).) Thus, Petitioner has not satisfied the filing requirements of Section 1285.4.
B. Service of the Petition and Notice of Hearing (Code Civ. Proc., § 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.
Petitioner did not file a proof of service demonstrating the Petition and notice of hearing were served on Respondent. Thus, Section 1290.4 has not been satisfied.
C. Service of the Arbitration Award & Timeliness of Petition (CCP §§ 1283.6, 1288, 1288.4)
Code of Civil Procedure section 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.) In addition, 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.) (Italics added.)
Petitioner did not include a proof of service demonstrating the neutral arbitrator himself served the parties with a copy of the arbitration award as required by Section 1283.6. Because the Court is unable to confirm when the neutral arbitrator served the arbitration award on the parties, the Court cannot determine whether the Petition was timely filed.
Conclusion & Order
For the foregoing reasons, Petitioner Christopher Dreger’s Petition to Confirm Contractual Arbitration Award is CONTINUED TO FEB 16, 2021 AT 11:00 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 noted herein. Failure to do so may result in the Petition being placed off calendar or denied.
Moving party is ordered to give notice.