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This case was last updated from Los Angeles County Superior Courts on 04/01/2021 at 00:49:00 (UTC).

EPR RECRUITING, INC. VS CENTEC SECURITY SYSTEMS, INC.

Case Summary

On 11/24/2020 EPR RECRUITING, INC filed an Other - Arbitration lawsuit against CENTEC SECURITY SYSTEMS, INC. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3899

  • Filing Date:

    11/24/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

EPR RECRUITING INC.

Respondent

CENTEC SECURITY SYSTEMS INC.

Attorney/Law Firm Details

Petitioner Attorney

BARDO EVAN L

 

Court Documents

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

3/30/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Declaration (name extension) - Declaration OF EVAN L. BARDO IN SUPPORT OF ATTORNEY FEES IN FAVOR OF EPR RECRUITING, INC.

2/22/2021: Declaration (name extension) - Declaration OF EVAN L. BARDO IN SUPPORT OF ATTORNEY FEES IN FAVOR OF EPR RECRUITING, INC.

Proof of Service by Mail - Proof of Service by Mail

2/22/2021: Proof of Service by Mail - Proof of Service by Mail

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

11/24/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

11/24/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

11/24/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

First Amended Standing Order - First Amended Standing Order

11/24/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

11/24/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Proof of Service by Mail - Proof of Service by Mail

11/25/2020: Proof of Service by Mail - Proof of Service by Mail

 

Docket Entries

  • 06/01/2021
  • Hearing06/01/2021 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 03/30/2021
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 06/01/2021 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 03/30/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 03/30/2021
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 03/30/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 06/01/2021 10:30 AM

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  • 02/22/2021
  • DocketProof of Service by Mail; Filed by: EPR Recruiting, Inc. (Petitioner); As to: Centec Security Systems, Inc. (Respondent)

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  • 02/22/2021
  • DocketDeclaration OF EVAN L. BARDO IN SUPPORT OF ATTORNEY FEES IN FAVOR OF EPR RECRUITING, INC. Filed by: EPR Recruiting, Inc. (Petitioner)

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  • 11/25/2020
  • DocketProof of Service by Mail; Filed by: EPR Recruiting, Inc. (Petitioner); As to: Centec Security Systems, Inc. (Respondent)

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  • 11/24/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: EPR Recruiting, Inc. (Petitioner); As to: Centec Security Systems, Inc. (Respondent)

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  • 11/24/2020
  • DocketCivil Case Cover Sheet; Filed by: EPR Recruiting, Inc. (Petitioner); As to: Centec Security Systems, Inc. (Respondent)

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  • 11/24/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/24/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/24/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/24/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/30/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/24/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP03899    Hearing Date: March 30, 2021    Dept: 26

EPR Recruiting, Inc. v. Centec Security Systems, Inc., et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner EPR Recruiting, Inc.’s Petition to Confirm Arbitration Award is CONTINUED TO June 1, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

ANALYSIS:

Petitioner EPR Recruiting, Inc. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Centec Security Systems, Inc. (“Respondent”) on November 24, 2020. To date, no opposition 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).)

The arbitration agreement does not address the manner in which a petition to confirm arbitration award must be served. (Pet., Attachment 4(b), p. 2.) The agreement does reference the American Arbitration Association (“AAA”) and its rules and practices, but rules relevant to service of court filings are not attached to the Petition or otherwise in the record. (Ibid.) On February 22, 2021, Petitioner filed Proof of Service demonstrating that the Petition and Notice of Hearing were mailed to Respondent on November 25, 2020 with acknowledgment of receipt of service. (Proof of Service, filed 2/22/21, ¶5c.)

Unless Petitioner can demonstrate that the Petition and Notice of hearing can be served by mail under the arbitration agreement, service must be made in the manner provided by law for service of summons. Service by mail under the service statutes “is deemed complete on the date a written acknowledgment of receipt of summons is executed . . . .” (Code Civ. Proc., § 415.30, subd. (c).) No written acknowledgment of receipt is attached to the proof of service.

Therefore, Petitioner has not demonstrated service of the Petition and Notice of Hearing on Respondent comply with the statutory requirements.

Service of the Arbitration Award and Timing of Service of Petition

Code of Civil Procedure section 1283.6 requires the arbitrator serve the signed arbitration award “personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.) The Award was served by certified mail on June 23, 2020. (Pet., Attachment 8(c).) The requirements of Code of Civil Procedure section 1283.6 are met.

Additionally, under Code of Civil Procedure sections 1288 and 1288.4, a petition to confirm arbitration must be filed and served no more than four years, and at least ten days, after the award was served. Until proper service of the Petition has been demonstrated, the Court cannot find Petitioner has complied with 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 (a commercial arbitration agreement), attaches a copy of the Award to the Petition, and identifies the arbitrator. (Pet., ¶6; Attachments 4(b) and 8(c).) The Petition demonstrates that on June 17, 2020, the arbitrator issued an award requiring Respondent to pay Petitioner $13,520.00 damages plus seven (7) percent interest per annum from December 14, 2019 and $2,125.00 in arbitration fees plus seven (7) percent interest per annum from June 17, 2020. (Pet., Attachment 4(b).)

Conclusion

Petitioner EPR Recruiting, Inc.’s Petition to Confirm Arbitration Award is CONTINUED TO June 1, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice. 
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