This case was last updated from Los Angeles County Superior Courts on 09/21/2020 at 06:26:25 (UTC).

GUARDIAN POOL FENCE SYSTEMS, INC. VS DAN SKARI

Case Summary

On 06/06/2019 GUARDIAN POOL FENCE SYSTEMS, INC filed an Other - Arbitration lawsuit against DAN SKARI. 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 Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2348

  • Filing Date:

    06/06/2019

  • Case Status:

    Disposed - Other Disposed

  • 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

GUARDIAN POOL FENCE SYSTEMS INC.

Respondent

SKARI DAN

Attorney/Law Firm Details

Petitioner Attorney

COWAN JEFFREY

 

Court Documents

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

4/24/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

3/18/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Notice of Ruling - Notice of Ruling

3/18/2020: Notice of Ruling - Notice of Ruling

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

12/10/2019: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Declaration (name extension) - Declaration of Jeffrey W. Cowan re AAA Transmittal Letter of Arbitration Award v Skari

12/12/2019: Declaration (name extension) - Declaration of Jeffrey W. Cowan re AAA Transmittal Letter of Arbitration Award v Skari

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

10/7/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/25/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/25/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/25/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/14/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/14/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/14/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/14/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/14/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/14/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Civil Case Cover Sheet - Civil Case Cover Sheet

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

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

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

Notice of Hearing on Petition - Notice of Hearing on Petition

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

11 More Documents Available

 

Docket Entries

  • 04/24/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Jeffrey Cowan (Attorney)

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  • 04/24/2020
  • DocketAddress for Jeffrey Cowan (Attorney) updated

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  • 03/18/2020
  • DocketNotice of Ruling; Filed by: Guardian Pool Fence Systems, Inc. (Petitioner)

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  • 03/18/2020
  • DocketMemorandum of Costs (Summary); Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Dan Skari (Respondent); Total Costs: 3846.60

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  • 03/03/2020
  • DocketCourt orders judgment entered for Petitioner Guardian Pool Fence Systems, Inc. against Respondent Dan Skari on the Petition filed by Guardian Pool Fence Systems, Inc. on 06/06/2019 for damages of $18,504.68, attorney fees of $3,126.11, and costs of $1,800.00 for a total of $23,430.79.

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  • 03/03/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 03/03/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/03/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/03/2020; Result Type to Held - Motion Granted

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  • 12/12/2019
  • DocketDeclaration of Jeffrey W. Cowan re AAA Transmittal Letter of Arbitration Award v Skari; Filed by: Guardian Pool Fence Systems, Inc. (Petitioner)

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  • 12/12/2019
  • DocketNotice of Continuation of Hearing on Petition to Confirm Arbitration Award to March 3, 2020; Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Dan Skari (Respondent)

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  • 12/11/2019
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 12/10/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 03/03/2020 10:30 AM

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10 More Docket Entries
  • 06/14/2019
  • DocketProof of Service (not Summons and Complaint); Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Dan Skari (Respondent)

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  • 06/14/2019
  • DocketProof of Service (not Summons and Complaint); Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Dan Skari (Respondent)

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  • 06/14/2019
  • DocketProof of Service (not Summons and Complaint); Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Dan Skari (Respondent)

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  • 06/11/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/10/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/11/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/06/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Dan Skari (Respondent)

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  • 06/06/2019
  • DocketCivil Case Cover Sheet; Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Dan Skari (Respondent)

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

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

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

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Tentative Rulings

Case Number: 19STCP02348    Hearing Date: March 03, 2020    Dept: 25

PETITION TO CONFIRM ARBITRATION

(CCP § 1285)

TENTATIVE RULING:

Petitioner Guardian Pool Fence Systems, Inc.’s Petition to Confirm Arbitration Award is GRANTED in the total amount of $23,430.79.

ANALYSIS:

I. Background

The parties entered into a Dealer Agreement (the “Agreement”) on April 16, 1999, which includes an arbitration provision (Pet., Attach. 4(b), ¶ 19.) On October 22, 2015, an arbitrator from the American Arbitration Association (“AAA”) issued an award in favor of Petitioner Guardian Pool Fence Systems, Inc. (“Petitioner”) against Respondent Dan Skari (“Respondent”) in the sum of $23,430.79 (the “Arbitration Award”), which includes $18,504.68 in damages, $3,126.11 in attorney’s fees, and $1,800 in arbitration costs to be reimbursed to Petitioner. On June 6, 2019, Petitioner filed the instant Petition to Confirm the Arbitration Award (the “Petition”). The hearing was originally scheduled for October 10, 2019. On October 7, 2019, the hearing on the Petition was rescheduled for December 10, 2019.

On December 10, 2019, the hearing was continued because Petitioner did not provide proof that the AAA served the Arbitration Award on the parties. (12/10/19 Minute Order.) On December 12, 2019, Petitioner filed and served a copy of a letter from the AAA demonstrating that it served the Arbitration Award on the parties on October 23, 2015. (Cowan Decl., ¶ 2, Exh. A.)

To date, no opposition has been filed.

II. 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.”  (EHM Productions at p. 1063-64.)

 

III. Discussion

A. Filing Requirements (Code Civ. Proc., § 1285.4)

CCP § 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.”

Petitioner has submitted a copy of the Arbitration Award, which included the identity of the arbitrator, (Pet., Attach. 8(c)), and has provided copy of the Agreement containing an arbitration provision (Id., Attach. 4(b)).  Accordingly, Petitioner has satisfied subdivisions (a)-(c) of Section 1285.4.

B. Service of the Arbitration Award, Petition, and Notice of Hearing (Code Civ. Proc., §§ 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.

Here, the Agreement provides that “[a]ny notice to be given under this Agreement by either party to the other party may be given in writing, either by personal delivery, by registered or certified mail, with postage prepaid and return receipt requested, by express courier service or by telecopier.” (Attach. 4(b), ¶ 15.) Petitioner filed proofs of service indicating the moving papers were served on Respondent at two different addresses via certified mail with return receipt requested on June 24, 2019. (6/25/2019 Proofs of Service.) Thus, Petitioner has satisfied Code of Civil Procedure, section 1290.4.

Petitioner has also provided proof that demonstrates AAA served the Arbitration Award on Petitioner and Respondent as required by Code of Civil Procedure section 1283.6. (Cowan Decl., ¶ 2, Exh. A.)

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 10days, but no more than four years after the award is served on Respondents and Petitioner.  (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.)

The instant Petition, served on June 24, 2019, was filed at least 10 days but no more than four years after the Arbitration Award was served on the parties. Thus, Petitioner has also satisfied Code of Civil Procedure sections 1288 and 1288.4.

IV. Conclusion & Order

For the foregoing reasons, the Petition to Confirm Arbitration Award is GRANTED in the total amount of $23,430.79.

Petitioner is ordered to give notice.    

Case Number: 19STCP02348    Hearing Date: March 02, 2020    Dept: 25

PETITION TO CONFIRM ARBITRATION

(CCP § 1285)

TENTATIVE RULING:

Petitioner Guardian Pool Fence Systems, Inc.’s Petition to Confirm Arbitration Award is GRANTED in the total amount of $23,430.79.

ANALYSIS:

I. Background

The parties entered into a Dealer Agreement (the “Agreement”) on April 16, 1999, which includes an arbitration provision (Pet., Attach. 4(b), ¶ 19.) On October 22, 2015, an arbitrator from the American Arbitration Association (“AAA”) issued an award in favor of Petitioner Guardian Pool Fence Systems, Inc. (“Petitioner”) against Respondent Dan Skari (“Respondent”) in the sum of $23,430.79 (the “Arbitration Award”), which includes $18,504.68 in damages, $3,126.11 in attorney’s fees, and $1,800 in arbitration costs to be reimbursed to Petitioner. On June 6, 2019, Petitioner filed the instant Petition to Confirm the Arbitration Award (the “Petition”). The hearing was originally scheduled for October 10, 2019. On October 7, 2019, the hearing on the Petition was rescheduled for December 10, 2019.

On December 10, 2019, the hearing was continued because Petitioner did not provide proof that the AAA served the Arbitration Award on the parties. (12/10/19 Minute Order.) On December 12, 2019, Petitioner filed and served a copy of a letter from the AAA demonstrating that it served the Arbitration Award on the parties on October 23, 2015. (Cowan Decl., ¶ 2, Exh. A.)

To date, no opposition has been filed.

II. 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.” (EHM Productions at p. 1063-64.)

III. Discussion

A. Filing Requirements (Code Civ. Proc., § 1285.4)

CCP § 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.”

Petitioner has submitted a copy of the Arbitration Award, which included the identity of the arbitrator, (Pet., Attach. 8(c)), and has provided copy of the Agreement containing an arbitration provision (Id., Attach. 4(b)). Accordingly, Petitioner has satisfied subdivisions (a)-(c) of Section 1285.4.

B. Service of the Arbitration Award, Petition, and Notice of Hearing (Code Civ. Proc., §§ 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.

Here, the Agreement provides that “[a]ny notice to be given under this Agreement by either party to the other party may be given in writing, either by personal delivery, by registered or certified mail, with postage prepaid and return receipt requested, by express courier service or by telecopier.” (Attach. 4(b), ¶ 15.) Petitioner filed proofs of service indicating the moving papers were served on Respondent at two different addresses via certified mail with return receipt requested on June 24, 2019. (6/25/2019 Proofs of Service.) Thus, Petitioner has satisfied Code of Civil Procedure, section 1290.4.

Petitioner has also provided proof that demonstrates AAA served the Arbitration Award on Petitioner and Respondent as required by Code of Civil Procedure section 1283.6. (Cowan Decl., ¶ 2, Exh. A.)

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 Petitioner.  (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.)

The instant Petition, served on June 24, 2019, was filed at least 10 days but no more than four years after the Arbitration Award was served on the parties. Thus, Petitioner has also satisfied Code of Civil Procedure sections 1288 and 1288.4.

IV. Conclusion & Order

For the foregoing reasons, the Petition to Confirm Arbitration Award is GRANTED in the total amount of $23,430.79.

Petitioner is ordered to give notice.

Case Number: 19STCP02348    Hearing Date: December 10, 2019    Dept: 94

PETITION TO CONFIRM ARBITRATION

(CCP § 1285)

TENTATIVE RULING:

Petitioner Guardian Pool Fence Systems, Inc.’s Petition to Confirm of Arbitration Award is CONTINUED TO MARCH 3, 2020 at 10:30 am in Dept. 94.

ANALYSIS:

I. Background

The parties entered into a Dealer Agreement (the “Agreement”) on April 16, 1999. On October 22, 2015, an arbitrator from the American Arbitration Association (“AAA”) issued an Arbitration Award in favor of Petitioner Guardian Pool Fence Systems, Inc. (“Petitioner”) against Respondent Dan Skari (“Respondent”) in the sum of $23,430.79, which includes $18,504.68 in damages, $3,126.11 in attorney’s fees, and $1,800 in arbitration costs to be reimbursed to Petitioner. On June 6, 2019, Petitioners brought the instant Petition to Confirm the Arbitration Award (the “Petition”). The hearing was originally scheduled for October 10, 2019. On October 7, 2019, the hearing on the Petition was rescheduled for December 10, 2019.

To date, no opposition or reply briefs have been filed.

II. 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.” (EHM Productions at p. 1063-64.)

III. Discussion

A.

CCP § 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.”

Petitioners have submitted a copy of the Arbitration Award, (Motion, Attachment 8(c) (Final Arbitration Award)), the identity of the arbitrator, (Ibid), and a copy of the Arbitration Agreement, (Id., Attach. 4(b)). Accordingly, Petitioners have satisfied subs. (a)-(c) of Section 1285.4.

B. Service of the Arbitration Award, Petition, and Notice of Hearing (Code Civ. Proc., §§ 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.

Here, the Agreement provides that “[a]ny notice to be given under this Agreement by either party to the other party may be given in writing, either by personal delivery, by registered or certified mail, with postage prepaid and return receipt requested, by express courier service or by telecopier.” (Attach. 4(b), ¶ 15.) Petitioner filed Proofs of Service for the Notice of Petition and Petition via First Class or Priority mail on June 14, 2019. (6/14/2019 Proofs of Service.) Petitioner filed additional Proofs of Service for the Notice of Petition and Petition via certified mail with return receipt requested for the Notice of Petition and Petition on June 25, 2019. (6/25/2019 Proofs of Service.) Thus, Petitioner has satisfied Code of Civil Procedure, section 1290.4.

However, Petitioner has not provided proof to show that AAA served the Arbitration Award on Petitioner and Respondent as required by Code of Civil Procedure, section 1283.6. Thus, Petitioner has failed to satisfy section 1283.6.

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.)

Because there is no proof to show when the neutral arbitrator served the Arbitration Award of Respondent and Petitioner, the Court cannot determine if the Petition is timely under Code of Civil Procedure sections 1288 and 1288.4.

IV. Conclusion & Order

In light of the foregoing, the Petition is CONTINUED to MARCH 3, 2020 at 10:30 a.m. in Department 94. Petitioner is ordered to remedy all the defects identified herein.

Moving party is ordered to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.