This case was last updated from Los Angeles County Superior Courts on 10/20/2020 at 17:09:55 (UTC).

GUARDIAN POOL FENCE SYSTEMS, INC. VS JOE ARREOLA

Case Summary

On 11/27/2019 GUARDIAN POOL FENCE SYSTEMS, INC filed an Other - Arbitration lawsuit against JOE ARREOLA. 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 - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5107

  • Filing Date:

    11/27/2019

  • 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

SERENA R. MURILLO

 

Party Details

Petitioner

GUARDIAN POOL FENCE SYSTEMS INC.

Respondent

ARREOLA JOE DBA FIBERSPLASH POOLS

Attorney/Law Firm Details

Petitioner Attorney

COWAN JEFFREY

 

Court Documents

Motion for Attorney Fees - Motion for Attorney Fees

10/5/2020: Motion for Attorney Fees - Motion for Attorney Fees

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

9/4/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Judgment - Judgment [Proposed] Judgment in Favor of Guardian Pool Fence Systems, Inc. Re Petition to Confirm Arbitration Award Against Joe Arreola, dba Fibersplash Pools

8/10/2020: Judgment - Judgment [Proposed] Judgment in Favor of Guardian Pool Fence Systems, Inc. Re Petition to Confirm Arbitration Award Against Joe Arreola, dba Fibersplash Pools

Notice of Ruling - Notice of Ruling

8/10/2020: Notice of Ruling - Notice of Ruling

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

8/6/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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

7/20/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Declaration (name extension) - Declaration of Non-Service

7/15/2020: Declaration (name extension) - Declaration of Non-Service

Declaration (name extension) - Declaration of Kristopher Tayyeb re American Arbitration Associations June 26, 2020 Transmittal Letter of Arbitration Award Against Respondent Joe Arreola, dba Fiberspl

7/10/2020: Declaration (name extension) - Declaration of Kristopher Tayyeb re American Arbitration Associations June 26, 2020 Transmittal Letter of Arbitration Award Against Respondent Joe Arreola, dba Fiberspl

Notice (name extension) - Notice of Continuance of Hearing on Petition to Confirm Arbitration Award to August 6, 2020

7/10/2020: Notice (name extension) - Notice of Continuance of Hearing on Petition to Confirm Arbitration Award to August 6, 2020

Notice (name extension) - Notice of Continuance of Hearing

6/12/2020: Notice (name extension) - Notice of Continuance of Hearing

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

6/5/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Certificate of Mailing for - Certificate of Mailing for [Notice of Continuance Due to COVID-19 State of Emergency Declarations]

5/18/2020: Certificate of Mailing for - Certificate of Mailing for [Notice of Continuance Due to COVID-19 State of Emergency Declarations]

Notice of Continuance Due to COVID-19 State of Emergency Declarations - Notice of Continuance Due to COVID-19 State of Emergency Declarations

5/18/2020: Notice of Continuance Due to COVID-19 State of Emergency Declarations - Notice of Continuance Due to COVID-19 State of Emergency Declarations

Notice (name extension) - Notice of Change of Firm Address

4/22/2020: Notice (name extension) - Notice of Change of Firm Address

Notice of Hearing on Petition - Notice of Hearing on Petition

11/27/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

11/27/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

11/27/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

First Amended Standing Order - First Amended Standing Order

11/27/2019: First Amended Standing Order - First Amended Standing Order

14 More Documents Available

 

Docket Entries

  • 04/27/2021
  • Hearing04/27/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Attorney Fees

    Read MoreRead Less
  • 10/06/2020
  • DocketHearing on Motion for Attorney Fees scheduled for 04/27/2021 at 10:00 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 10/05/2020
  • DocketMotion for Attorney Fees; Filed by: Guardian Pool Fence Systems, Inc. (Petitioner)

    Read MoreRead Less
  • 09/04/2020
  • DocketNotice of Entry of Judgment; Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Joe Arreola (Respondent)

    Read MoreRead Less
  • 09/04/2020
  • DocketMemorandum of Costs (Summary); Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Joe Arreola (Respondent); Total Costs: 657.00

    Read MoreRead Less
  • 08/20/2020
  • DocketUpdated -- Judgment [Proposed] Judgment in Favor of Guardian Pool Fence Systems, Inc. Re Petition to Confirm Arbitration Award Against Joe Arreola, dba Fibersplash Pools: Filed By: Guardian Pool Fence Systems, Inc. (Petitioner); Result: Granted; Result Date: 08/20/2020

    Read MoreRead Less
  • 08/20/2020
  • DocketCourt orders judgment entered for Petitioner Guardian Pool Fence Systems, Inc. against Respondent Joe Arreola DBA Fibersplash Pools on the Petition filed by Guardian Pool Fence Systems, Inc. on 11/27/2019 for the principal amount of $10,374.71, attorney fees of $3,612.85, interest of $856.44, and other $2,125.00 for a total of $16,969.00.

    Read MoreRead Less
  • 08/17/2020
  • DocketNon-Appearance Case Review re lodging of Proposed Judgment scheduled for 08/20/2020 at 02:00 PM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/17/2020

    Read MoreRead Less
  • 08/10/2020
  • DocketNotice of Ruling; Filed by: Guardian Pool Fence Systems, Inc. (Petitioner)

    Read MoreRead Less
  • 08/10/2020
  • DocketJudgment [Proposed] Judgment in Favor of Guardian Pool Fence Systems, Inc. Re Petition to Confirm Arbitration Award Against Joe Arreola, dba Fibersplash Pools; Signed and Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Joe Arreola (Respondent)

    Read MoreRead Less
22 More Docket Entries
  • 03/23/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 04/01/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 06/22/2020 10:30 AM

    Read MoreRead Less
  • 03/23/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 12/05/2019
  • DocketProof of Service (not Summons and Complaint); Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Joe Arreola (Respondent)

    Read MoreRead Less
  • 12/02/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 04/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 12/02/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 11/27/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Joe Arreola (Respondent)

    Read MoreRead Less
  • 11/27/2019
  • DocketCivil Case Cover Sheet; Filed by: Guardian Pool Fence Systems, Inc. (Petitioner); As to: Joe Arreola (Respondent)

    Read MoreRead Less
  • 11/27/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 11/27/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 11/27/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STCP05107    Hearing Date: June 26, 2020    Dept: 26

Guardian Pool Fence Systems, Inc. v. Joe Arreola dba Fibersplash Pools, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Guardian Pool Fence Systems, Inc.’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 26, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On November 14, 2019, an arbitrator issued an Arbitration Award in favor of Guardian Pool Fence Systems, Inc. (“Petitioner”) and against Joe Arreola, dba Fibersplash Pools (“Respondent”). On November 27, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no response 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 provide for the manner of service of the Petition and Notice of Hearing, therefore, those documents must be served in the manner provided for service of a Summons. Here, Petitioner filed proof of service of the Petition and Notice of Hearing on Respondent by certified mail with return receipt requested. (Proof of Service, filed 12/5/19.) The Petition and Notice of Hearing were mailed on December 5, 2019. However, service of a summons by certified mail is only deemed complete “on the date of execution of an acknowledgment of receipt of summons.” (Code Civ. Proc., § 415.30, subd. (c).) No proof of Respondent’s execution of an acknowledgment of receipt is attached to the proof of service. Therefore, Petitioner has not demonstrated complete service of the Petition and Notice of Hearing on Respondent and the Court cannot find that the requirements of Code of Civil Procedure section 1290.4 have been satisfied.

Service of the Arbitration Award and Timing of Service of Petition (CCP §§ 1283.6, 1288, 1288.4)

A copy of the arbitration award, demonstrating service of the same on Respondent by electronic mail on November 14, 2019, is attached to the Petition. (Pet., Attachment 8(c).) However, this does not demonstrate that the Award was served on Respondent as required by Code of Civil Procedure section 1283.6, which requires 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.” (CCP § 1283.6.) The agreement does not provide for service of notice by electronic mail. (Pet., Attachment 8(c), ¶12.)

The Court also notes that while proper service of the award with the Petition is sufficient to meet the requirements of CCP section 1283.6 (Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800), because service of the Petition has not been shown to be proper (as discussed above) it cannot stand in for service of the arbitration award.

Furthermore, a party seeking a court judgment confirming an arbitration award must file and serve petition no more than four years, but not less than 10 days, after the award is served. (CCP §§ 1288, 1288.4.) As Petitioner has not yet demonstrated proper service of the Petition, the Court cannot determine that it was served less than four years or at least ten (10) days after service of the award.

Therefore, Petitioner has not demonstrated that the requirements of Code of Civil Procedure sections 1283.6, 1288 and 1288.4 regarding service of the award and timing of the Petition have been satisfied.

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:

  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.

  3. 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. (Pet., Attachment 4(b).) It also sets forth the name of the Arbitrator, John K. Hart. (Pet., Attachment 4(b).) Finally, the Petition attaches a copy of the Award to the Amended Petition. (Pet., Attachment 8(c).) The Court, therefore, finds the substantive portion of the Petition has been satisfied.

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 26, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED ABOVE. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE HEARING ON PETITION BEING PLACED OFF CALENDAR OR THE PETITION BEING DENIED.

Moving party to give notice of this order and continued hearing date.