This case was last updated from Los Angeles County Superior Courts on 01/08/2020 at 18:32:09 (UTC).

DARREN ENENSTEIN VS JOHN SPAHI

Case Summary

On 06/17/2019 DARREN ENENSTEIN filed an Other - Arbitration lawsuit against JOHN SPAHI. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2540

  • Filing Date:

    06/17/2019

  • Case Status:

    Other

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

ENENSTEIN DARREN

Defendant

ALLIED ESTATES INC

Respondent

SPAHI JOHN

Attorney/Law Firm Details

Petitioner Attorney

BODENSTEIN JANETTE SHARON

 

Court Documents

Order (name extension) - Order Confirming Arbitration Award and Other Relief; and Judgment Thereon

1/2/2020: Order (name extension) - Order Confirming Arbitration Award and Other Relief; and Judgment Thereon

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

12/16/2019: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Notice of Ruling - Notice of Ruling

12/17/2019: Notice of Ruling - Notice of Ruling

Declaration (name extension) - Declaration of Diligence

10/21/2019: Declaration (name extension) - Declaration of Diligence

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

10/21/2019: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Notice (name extension) - Notice of Continuance of Hearing on 10/21/19 Re Petition to Confirm Arbitration

10/22/2019: Notice (name extension) - Notice of Continuance of Hearing on 10/21/19 Re Petition to Confirm Arbitration

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

7/30/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

7/30/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Petition

6/24/2019: Summons - Summons on Petition

Notice of Hearing on Petition - Notice of Hearing on Petition

6/17/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

6/17/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Summons - Summons on Petition

6/17/2019: Summons - Summons on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

6/17/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/17/2019: First Amended Standing Order - First Amended Standing Order

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

6/17/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 01/02/2020
  • DocketOrder Confirming Arbitration Award and Other Relief; and Judgment Thereon; Filed by: Darren Enenstein (Petitioner); As to: John Spahi (Respondent)

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  • 12/26/2019
  • DocketNon-Appearance Case Review re lodging of proposed judgment scheduled for 12/30/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 12/26/2019

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  • 12/17/2019
  • DocketNotice of Ruling; Filed by: Darren Enenstein (Petitioner)

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  • 12/16/2019
  • DocketNon-Appearance Case Review re lodging of proposed judgment scheduled for 12/30/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/16/2019
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 12/16/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 12/16/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/16/2019; Result Type to Held - Motion Granted

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  • 10/22/2019
  • DocketNotice of Continuance of Hearing on 10/21/19 Re Petition to Confirm Arbitration; Filed by: Darren Enenstein (Petitioner); As to: John Spahi (Respondent); Allied Estates Inc (Defendant)

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  • 10/21/2019
  • DocketDeclaration of Diligence; Filed by: Darren Enenstein (Petitioner)

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  • 10/21/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 12/16/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/21/2019
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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2 More Docket Entries
  • 07/30/2019
  • DocketProof of Service by Substituted Service; Filed by: Darren Enenstein (Petitioner); As to: John Spahi (Respondent); Proof of Mailing Date: 07/19/2019; Service Cost: 82.70; Service Cost Waived: No

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  • 06/24/2019
  • DocketSummons on Petition; Issued and Filed by: Darren Enenstein (Petitioner); As to: John Spahi (Respondent); Allied Estates Inc (Defendant)

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  • 06/21/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/21/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/21/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/17/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: Darren Enenstein (Petitioner); As to: John Spahi (Respondent); Allied Estates Inc (Defendant)

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  • 06/17/2019
  • DocketSummons on Petition; Issued and Filed by: Darren Enenstein (Petitioner); As to: John Spahi (Respondent)

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  • 06/17/2019
  • DocketCivil Case Cover Sheet; Filed by: Darren Enenstein (Petitioner); As to: John Spahi (Respondent)

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  • 06/17/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 06/17/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/17/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP02540    Hearing Date: December 16, 2019    Dept: 94

Erenstein v. Spahi, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Darren Enenstein, former Trustee of the Breeze Trust’s Petition to Confirm Arbitration Award is GRANTED. PROPOSED JUDGMENT TO BE FILED WITHIN TEN (10) DAYS.

ANALYSIS:

On March 12, 2019, an arbitrator issued an Arbitration Award pursuant to stipulation in favor of Darren Enenstein, former Trustee of the Breeze Trust (“Petitioner”) and against John Spahi and Allied Estates, Inc. (“Respondents”). On June 17, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The matter initially came for hearing on October 21, 2019, at which time the Court continued it to allow Petitioner to demonstrate compliance with the requirements of Code of Civil Procedure, section 1290.4. On October 21, 2019, Petitioner filed a Declaration of Diligence. On October 22, 2019, Petitioner filed a Notice of Continuance of Hearing. 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 Respondents “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 filed proof of service demonstrating service of the Petition and notice of hearing on Respondents by substitute service. As the arbitration agreement does not provide for a particular method of service, service must comply with the requirements for service of a summons. The proofs of service filed on July 30, 2019 indicate that the Summons, Petition and Notice of Hearing were served on July 18, 2019 by leaving the papers with “John Doe” at 201 Ocean Avenue, #1809P, Santa Monica, California. (Proofs of Service, ¶¶2-5.) “John Doe” is described at the guard who refused the process server entry. (Id. at ¶5.) The papers were thereafter mailed to Respondents on July 19, 2019 to the service address. (Ibid.)

As discussed in the earlier hearing on October 21, 2019, this service does not satisfy the requirements for service of a summons. Code of Civil Procedure section 415.20 allows for service by leaving a copy at the person’s “dwelling house, usual place of abode, usual place of business, or usual mailing address” only “[i]If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served.” (Code Civ. Proc., § 415.20, subd. (b).)

On October 21, 2019, Petitioner filed a Declaration of Diligence demonstrating multiple attempts to personally serve Respondent. (Decl. of Diligence, filed 10/21/19.) Petitioner, therefore, has now demonstrated compliance with the requirements of Code of Civil Procedure, section 1290.4.

Service of the Arbitration Award (CCP §§ 1283.6, 1288)

This also demonstrates service of the arbitration award as required by Code of Civil Procedure section 1283.6. No proof of service is attached to the Arbitration Stipulation or Order (Pet., Attachments 7(a) and 8(c)), but service of the Arbitration Stipulation or Order in conjunction with the instant Petition satisfies the statutory requirements.

Under Code of Civil Procedure section 1288, a petition to confirm arbitration must be filed and served no more than four years after the award was served. Here, the Petition has been shown to be timely filed and served.

Therefore, the Court finds that the requirements of Code of Civil Procedure, sections 1283.6 and 1288 have been 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:

  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.

  3. 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. (Petition, ¶4.) It also sets forth the name of the Arbitrator (Hon. Jacqueline Connor (Ret.)) and attaches a copy of the Award to the Petition. (Petition, Attachments 7(a) and 8(c).) The Petition demonstrates that on March 12, 2019, the arbitrator issued an award requiring Respondents to pay Petitioner $23,788.35 and finding that Respondents are obligated to defend and indemnify Petitioner for any reasonable attorney’s fees, costs, charges, and obligations incurred in the future as a result of Petitioner’s service as Trustee of the Breeze Trust. Accordingly, Petitioner has complied with the requirements of Code of Civil Procedure, section 1285.4.

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is GRANTED. PROPOSED JUDGMENT TO BE FILED WITHIN TEN (10) DAYS.

Moving party to give notice.