This case was last updated from Los Angeles County Superior Courts on 10/23/2020 at 01:20:37 (UTC).

GRACE CANO VS PARKSIDE CONSTRUCTION COMPANY

Case Summary

On 03/13/2020 GRACE CANO filed an Other - Arbitration lawsuit against PARKSIDE CONSTRUCTION COMPANY. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1077

  • Filing Date:

    03/13/2020

  • 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

JAMES E. BLANCARTE

 

Party Details

Petitioner

CANO GRACE

Respondent

PARKSIDE CONSTRUCTION COMPANY

Attorney/Law Firm Details

Petitioner Attorney

BEHNAM SAMAN

 

Court Documents

Declaration (name extension) - Declaration OF SAMAN BEHNAM, ESQ., RE: MANDATORY ARBITRATION BY THE CALIFORNIA STATE CONTRACTORS LICENCING BOARD

9/14/2020: Declaration (name extension) - Declaration OF SAMAN BEHNAM, ESQ., RE: MANDATORY ARBITRATION BY THE CALIFORNIA STATE CONTRACTORS LICENCING BOARD

Notice of Hearing on Petition - Notice of Hearing on Petition

9/14/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Minute Order - Minute Order (Hearing on Petition Complaint)

10/21/2020: Minute Order - Minute Order (Hearing on Petition Complaint)

Minute Order - Minute Order (Hearing on Petition Complaint)

7/21/2020: Minute Order - Minute Order (Hearing on Petition Complaint)

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

6/2/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

6/4/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/13/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

3/13/2020: Complaint - Complaint

Summons - Summons on Complaint

3/13/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

3/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Hearing on Petition - Notice of Hearing on Petition

3/13/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

First Amended Standing Order - First Amended Standing Order

3/13/2020: First Amended Standing Order - First Amended Standing Order

 

Docket Entries

  • 11/09/2020
  • Hearing11/09/2020 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Appearance Case Review

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  • 10/21/2020
  • DocketNon-Appearance Case Review Re: Status of Petitioner's Lodging of Proposed Judgment scheduled for 11/09/2020 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 10/21/2020
  • DocketJudgment is to be entered for Petitioner GRACE CANO against Respondent PARKSIDE CONSTRUCTION COMPANY on the Complaint filed by GRACE CANO on 03/13/2020 for the principal amount of $9,474.00 for a total of $9,474.00.

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  • 10/21/2020
  • DocketMinute Order (Hearing on Petition Complaint)

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  • 10/21/2020
  • DocketHearing on Petition Complaint scheduled for 10/21/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/21/2020; Result Type to Held - Motion Granted

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  • 09/14/2020
  • DocketDeclaration OF SAMAN BEHNAM, ESQ., RE: MANDATORY ARBITRATION BY THE CALIFORNIA STATE CONTRACTORS LICENCING BOARD; Filed by: GRACE CANO (Petitioner)

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  • 09/14/2020
  • DocketNotice of Hearing on Petition; Filed by: GRACE CANO (Petitioner)

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  • 07/21/2020
  • DocketMinute Order (Hearing on Petition Complaint)

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  • 07/21/2020
  • DocketOn the Court's own motion, Hearing on Petition Complaint scheduled for 07/21/2020 at 09:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 10/21/2020 10:00 AM

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  • 06/04/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 06/04/2020
  • DocketOn the Court's own motion, Hearing on Petition Complaint scheduled for 07/17/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 07/21/2020 09:00 AM

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  • 06/02/2020
  • DocketProof of Service by Substituted Service; Filed by: GRACE CANO (Petitioner); As to: PARKSIDE CONSTRUCTION COMPANY (Respondent); Proof of Mailing Date: 06/01/2020; Service Cost: 68.50; Service Cost Waived: No

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  • 03/13/2020
  • DocketComplaint; Filed by: GRACE CANO (Petitioner); As to: PARKSIDE CONSTRUCTION COMPANY (Respondent)

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  • 03/13/2020
  • DocketCivil Case Cover Sheet; Filed by: GRACE CANO (Petitioner); As to: PARKSIDE CONSTRUCTION COMPANY (Respondent)

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  • 03/13/2020
  • DocketSummons on Complaint; Issued and Filed by: GRACE CANO (Petitioner); As to: PARKSIDE CONSTRUCTION COMPANY (Respondent)

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  • 03/13/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 03/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/13/2020
  • DocketHearing on Petition Complaint scheduled for 07/17/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 03/13/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP01077    Hearing Date: October 21, 2020    Dept: 25

HEARING DATE: Wed., October 21, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Cano v. Parkside Construction Co. PET. FILED: 03-13-20

CASE NUMBER: 20STCP01077

NOTICE: OK

PROCEEDINGS: PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioner Grace Cano

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Grace Cano’s Petition to Confirm Arbitration Award is GRANTED. Judgment to be entered against Respondent pursuant to the Arbitration Award. Petitioner to file proposed judgment within ten (10) days’ notice of this order.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of October 19, 2020 [ ] Late [X] None

REPLY: None filed as of October 19, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On January 17, 2020, Arbitrator Steve McCormick (the “Arbitrator”) with Contractors State License Board Arbitration Program rendered an award in favor of Petitioner Grace Cano (“Petitioner”) and against Respondent Parkside Construction Company (“Respondent”) in the amount of $9,474.00 (the “Arbitration Award”). (Pet., ¶ 8, Attach. 1.)

On March 13, 2020, Petitioner initiated this action by filing the instant Petition to Confirm Arbitration Award (the “Petition”).

On June 4, 2020, the Court continued the hearing originally set for July 17, 2020 to July 21, 2020 at 9:00 a.m. (6/4/20 Notice re Continuance of Hearing.) At the initial July 21, 2020 hearing, the Court noted several deficiencies in the Petition. (7/21/20 Minute Order.) Petitioner filed supplemental papers and a notice of hearing on September 14, 2020.

To date, no opposition has been filed.

  1. Legal Standard

“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. Instead, we restrict our review to whether the award should be vacated under the grounds listed in section 1286.2. [Citations.]’” (Id.)

  1. Discussion

A. Filing Requirements (CCP § 1285.4)

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.

(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

Here, the Petition sets forth the name of the neutral Arbitrator and attaches a copy of the Arbitration Award. (Pet., ¶ 6, Attach. 1.) In addition, Petitioner’s supplemental papers set forth the substance of the parties’ agreement to arbitrate. (9/14/20 Behnam Decl., ¶ 2, Exh. A.) Thus, Petitioner has satisfied the above requirements.

B. Service of the Arbitration Award, Petition, and Notice of Hearing (CCP §§ 1283.6, 1290.4.)

Code of Civil Procedure, section 1283.6 provides that “[t]he 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.”  (Italics added.)

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.”

(Italics added.)

Here, Petitioner included a proof of service demonstrating the neutral Arbitrator served a copy of the Arbitration Award on both parties by certified mail on January 17, 2020. (Pet., Attach. 1.) In addition, on June 2, 2020, Petitioner filed a proof of service demonstrating that on May 31, 2020, Respondent was served via substitute service with the instant Petition and Notice of Hearing. (6/2/20 Proof of Service.) Furthermore, on September 11, 2020, Petitioner gave Respondent notice of the continued hearing via regular mail. (9/14/20 Notice of Hearing.) Thus, Petitioner has satisfied the above requirements.

 

C. Timeliness of Petition (Code Civ. Proc., §§ 1288, 1288.4)

A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the award is served on Respondents and Petitioners.  (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.)

As previously noted, this Petition was filed and served at least 10 days, but no more than four years, after the Arbitration Award was served on Petitioner and Respondent. Thus, Petitioner has satisfied Code of Civil Procedure sections 1288 and 1288.4.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Grace Cano’s Petition to Confirm Arbitration Award is GRANTED. Judgment to be entered against Respondent pursuant to the Arbitration Award. Petitioner to file proposed judgment within ten (10) days’ notice of this order.

Petitioner is ordered to give notice.

Case Number: 20STCP01077    Hearing Date: July 21, 2020    Dept: 25

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Grace Cano’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 21, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next hearing, Petitioner must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of July 17, 2020 [ ] Late [X] None

REPLY: None filed as of July 17, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On January 17, 2020, Arbitrator Steve McCormick (the “Arbitrator”) with Contractors State License Board Arbitration Program rendered an award in favor of Petitioner Grace Cano (“Petitioner”) and against Respondent Parkside Construction Company (“Respondent”) in the amount of $9,474.00 (the “Arbitration Award”). (Pet., ¶ 8, Attach. 1.)

On March 13, 2020, Petitioner initiated this action by filing the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no opposition has been filed.

On June 4, 2020, the Court continued the hearing originally set for July 17, 2020 to July 21, 2020 at 9:00 a.m. (6/4/20 Notice re Continuance of Hearing.) Petitioner was ordered to give notice of the continuance by mail and to file a proof of service demonstrating she gave such notice. (Id.)

  1. Legal Standard

“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. Instead, we restrict our review to whether the award should be vacated under the grounds listed in section 1286.2. [Citations.]’” (Id.)

  1. Discussion

A. Filing Requirements (CCP § 1285.4)

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.

(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

Here, the Petition sets forth the names of the neutral Arbitrator and attaches a copy of the Arbitration Award. (Pet., ¶ 6, Attach. 1.) However, Petitioner did not set forth the substance of the parties’ agreement to arbitrate or attach a copy of a contract between them containing an arbitration provision. (Pet., ¶¶ 4(a), 7.) Thus, Petitioner has not satisfied the above requirements.

B. Service of the Arbitration Award, Petition, and Notice of Hearing (CCP §§ 1283.6, 1290.4.)

Code of Civil Procedure, section 1283.6 provides that “[t]he 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.”  (Italics added.)

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.”

(Italics added.)

Here, Petitioner included a proof of service demonstrating the neutral Arbitrator served a copy of the Arbitration Award on both parties by certified mail on January 17, 2020. (Pet., Attach. 1.) In addition, on June 2, 2020, Petitioner filed a proof of service demonstrating that on May 31, 2020, Respondent was served via substitute service with the instant Petition and Notice of Hearing. (6/2/20 Proof of Service.) However, Petitioner did not file a proof of service demonstrating she gave notice of the June 4th continuance. As Petitioner did not file a proof of service demonstrating Respondent received proper notice of the hearing changes, she has not satisfied the above requirements.

 

C. Timeliness of Petition (Code Civ. Proc., §§ 1288, 1288.4)

A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the award is served on Respondents and Petitioners.  (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.)

This Petition was filed and served at least 10 days, but no more than four years, after the Arbitration Award was served on Petitioner and Respondent. Thus, Petitioner has satisfied Code of Civil Procedure sections 1288 and 1288.4.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Grace Cano’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 21, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next hearing, Petitioner must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.