On 11/04/2020 EPG VENTURE PARTNERS, LLC filed an Other - Arbitration lawsuit against PATTY TANENBAUM. 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 Other.
*******3767
11/04/2020
Other
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
EPG VENTURE PARTNERS LLC
TANENBAUM PATTY
FRIEDLAND STEVEN
Court documents are not available for this case.
DocketOn the Petition filed by EPG Venture Partners, LLC on 11/04/2020, entered Request for Dismissal with prejudice filed by EPG Venture Partners, LLC as to the entire action
DocketAddress for STEVEN FRIEDLAND (Attorney) null
DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/10/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 03/09/2021
DocketPetition PETITION FOR CONFIRMATION OF ARBITRATION AWARD; [PROPSED JUDGMENT]; Filed by: EPG Venture Partners, LLC (Petitioner); As to: PATTY TANENBAUM (Respondent)
DocketProof of Service by Substituted Service; Filed by: EPG Venture Partners, LLC (Petitioner); As to: PATTY TANENBAUM (Respondent); Proof of Mailing Date: 11/19/2020; Service Cost: 55.00; Service Cost Waived: No
DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/10/2021 at 08:30 AM in Spring Street Courthouse at Department 26
DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
DocketPetition to Confirm Arbitration Award; Filed by: EPG Venture Partners, LLC (Petitioner); As to: PATTY TANENBAUM (Respondent)
DocketCivil Case Cover Sheet; Filed by: EPG Venture Partners, LLC (Petitioner); As to: PATTY TANENBAUM (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: 20STCP03767 Hearing Date: March 10, 2021 Dept: 26
EPG Venture Partners, LLC v. Tanenbaum, 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 $12,725.20.
COSTS TO BE RECOVERED BY MEMORANDUM OF COSTS. ANALYSIS: Petitioner EPG Venture Partners, LLC (“Petitioner”) petitions the Court to confirm the arbitration award in
its favor and against Respondent Patty Tanenbaum (“Respondent”). This action arises from the parties’ dispute over
compensation owed to Petitioner under an attorney-client retainer agreement
(Pet., ¶2.) Petitioner filed the instant petition on November 4, 2020. To date, no opposition
has been filed. Discussion “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.) 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 set forth the substance of the arbitration agreement,
the name of the arbitrator, and a copy of
the Arbitration Award (Pet., ¶¶2, 4 and Exh. A). 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 effective
November 29, 2020 by substitute service and subsequent mailing. (Proof of
Service, filed 2/4/21.) This manner of service comports with the statutory
requirements for service under Code of Civil Procedure section 415.20. 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 May 29, 2018 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 two-and-a-half
years 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 May
24, 2018, the arbitrator issued an Arbitration Award in its favor and
against Respondent for payment
of $12,725.20. (Pet., Exh. A, p.
15.) Furthermore, no opposition has been filed to demonstrate any basis why 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 $12,725.20.
COSTS TO BE RECOVERED BY MEMORANDUM OF COSTS. Moving party to give notice.
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