This case was last updated from Los Angeles County Superior Courts on 08/16/2021 at 09:12:01 (UTC).

DIRECTORS GUILD OF AMERICA, INC. VS UNLEASHED LLC

Case Summary

On 11/12/2020 DIRECTORS GUILD OF AMERICA, INC filed an Other - Arbitration lawsuit against UNLEASHED LLC. 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 - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3748

  • Filing Date:

    11/12/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other - Arbitration

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

DIRECTORS GUILD OF AMERICA INC.

Respondent

UNLEASHED LLC

Attorney/Law Firm Details

Petitioner Attorney

KIM MICHELLE

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

2/8/2021: Proof of Service by Mail - Proof of Service by Mail

Judgment - Judgment Proposed

3/18/2021: Judgment - Judgment Proposed

Notice (name extension) - Notice Entry of Judgment

3/18/2021: Notice (name extension) - Notice Entry of Judgment

Notice of Ruling - Notice of Ruling

3/18/2021: Notice of Ruling - Notice of Ruling

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

3/18/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Civil Case Cover Sheet - Civil Case Cover Sheet

11/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Civil Case Cover Sheet - Civil Case Cover Sheet

11/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Hearing on Petition - Notice of Hearing on Petition

11/19/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

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

11/12/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

11/12/2020: First Amended Standing Order - First Amended Standing Order

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

11/12/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Notice of Hearing on Petition - Notice of Hearing on Petition

11/12/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 03/18/2021
  • DocketCourt orders judgment entered for Petitioner Directors Guild of America, Inc. against Respondent Unleashed LLC on the Petition filed by Directors Guild of America, Inc. on 11/12/2020 for the principal amount of $1,816.19, attorney fees of $325.00, and other $491.89 for a total of $2,633.08.

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  • 03/18/2021
  • DocketJudgment Proposed; Signed and Filed by: Directors Guild of America, Inc. (Petitioner); As to: Unleashed LLC (Respondent)

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  • 03/18/2021
  • DocketNotice of Ruling; Filed by: Directors Guild of America, Inc. (Petitioner)

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  • 03/18/2021
  • DocketNotice Entry of Judgment; Filed by: Directors Guild of America, Inc. (Petitioner); As to: Unleashed LLC (Respondent)

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  • 03/18/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 03/18/2021
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/18/2021 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/18/2021; Result Type to Held - Motion Granted

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  • 03/18/2021
  • DocketUpdated -- Petition to Confirm Arbitration Award: Filed By: Directors Guild of America, Inc. (Petitioner); Result: Granted; Result Date: 03/18/2021

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  • 02/08/2021
  • DocketProof of Service by Mail; Filed by: Directors Guild of America, Inc. (Petitioner); As to: Unleashed LLC (Respondent)

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  • 11/19/2020
  • DocketNotice of Hearing on Petition; Filed by: Directors Guild of America, Inc. (Petitioner)

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  • 11/13/2020
  • DocketCivil Case Cover Sheet; Filed by: Directors Guild of America, Inc. (Petitioner)

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  • 11/13/2020
  • DocketCivil Case Cover Sheet; Filed by: Directors Guild of America, Inc. (Petitioner)

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  • 11/12/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Directors Guild of America, Inc. (Petitioner); As to: Unleashed LLC (Respondent)

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  • 11/12/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/12/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/12/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/12/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/18/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/12/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP03748    Hearing Date: March 18, 2021    Dept: 26

Directors Guild of America, Inc. v. Unleashed, LLC et al.

MOTION TO CONFIRM ARBITRATION AWARD

(CCP § 1285.4)

TENTATIVE RULING:

The Petition to Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER IN THE AMOUNT OF $1,816.19 IN RESIDUALS AND $491.89 IN LATE CHARGES THAT CONTINUE TO ACCRUE IN THE AMOUNT OF $0.60 PER DAY.

COSTS TO BE RECOVERED BY MEMORANDUM OF COSTS.

ANALYSIS:

Petitioner Directors Guild of America, Inc. (“Petitioner”) petitions the court to confirm the arbitration award in its favor and against Respondent Unleashed, LLC (“Respondent”). This action arises out the parties’ dispute over compensation owed to Petitioner’s employees for production of the theatrical motion picture entitled “Unleashed.” (Pet., ¶¶3-5.) Petitioner filed the instant petition on November 12, 2020. To date, no opposition has been filed.

“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.” (Code Civ. Proc., § 1285.) “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.” (Code Civ. Proc., § 1286.)

Discussion

Filing Requirements of a Petition to Confirm Arbitration Award (CCP § 1285.4)

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 (emphasis added).) Petitioner has submitted a copy of the Arbitration Agreement, name of the arbitrator, and a copy of the Arbitration Award (Pet., Exhs. A-B). This satisfies the requirements of Code of Civil Procedure section 1285.4, subdivisions (a)-(c).

Service of the Petition and Notice of Hearing (CCP § 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.”

(Code Civ. Proc., § 1290.4.) Petitioner filed a proof of service showing that the Petition papers and notice of hearing were served on Respondent on November 19, 2020 by certified mail with return receipt requested. (Proof of Service, filed 2/8/21.) Service by certified mail with return receipt requested is allowed under the parties’ agreement. (Pet., Exh. A, § 2-603, subd. (b).)

Therefore, the Court finds that the requirements of Code of Civil Procedure section 1290.4 have been met.

Service of the Arbitration Award (CCP § 1283.6)

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.” This requirement may be satisfied by service by the arbitrator or upon proper service of the Award with the Petition. (See Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) The Award was served by the arbitrator on October 7, 2020 by certified mail return receipt requested. (Pet., Exh. B, POS.)

The Court finds Code of Civil Procedure section 1283.6 is satisfied.

Timing of Service of Petition (CCP §§ 1288, 1288.4)

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.) The Petition was filed and served one month after service of the Award, making it timely under Code of Civil Procedure sections 1288 and 1288.4.

Merits of the Petition to Confirm Arbitration Award

The court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (Code Civ. Proc., § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) Petitioner has demonstrated that on October 7, 2020, the arbitrator issued an Arbitration Award in its favor and against Respondent for payment of $1,816.19 in residuals, $491.89 in late charges that continue to accrue in the amount of $0.60 per day, and $325.00 in arbitration fees. (Pet., Exh. B, p. 3.) Furthermore, as the Petition is unopposed, there is no basis to find the Award should not be confirmed.

Request for Costs

To the extent Petitioner requests costs according to proof (Pet., Prayer at ¶3), 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.

Conclusion

The Petition to Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER IN THE AMOUNT OF $1,816.19 IN RESIDUALS. $491.89 IN LATE CHARGES THAT CONTINUE TO ACCRUE IN THE AMOUNT OF $0.60 PER DAY, AND $325.00 IN ARBITRATION FEES.

COSTS TO BE RECOVERED BY MEMORANDUM OF COSTS.

Moving party to give notice.

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