This case was last updated from Los Angeles County Superior Courts on 08/07/2020 at 07:37:42 (UTC).

HSI CHE WANG VS BETTY M. KWAN

Case Summary

On 04/01/2020 HSI CHE WANG filed an Other - Arbitration lawsuit against BETTY M KWAN. 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 - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1218

  • Filing Date:

    04/01/2020

  • Case Status:

    Disposed - Dismissed

  • 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

WANG HSI CHE AKA JAMES WANG

Respondent

KWAN BETTY M.

Attorney/Law Firm Details

Petitioner Attorneys

LAU BENSON

SATNICK ADAM

 

Court Documents

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

8/5/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Notice (name extension) - Notice Petitioner's Notice of Non-Opposition by Respondent to Petition to Confirm Arbitration Award

6/15/2020: Notice (name extension) - Notice Petitioner's Notice of Non-Opposition by Respondent to Petition to Confirm Arbitration Award

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

5/7/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

First Amended Standing Order - First Amended Standing Order

4/1/2020: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Petition

4/1/2020: Summons - Summons on Petition

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

4/1/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Civil Case Cover Sheet - Civil Case Cover Sheet

4/1/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

4/1/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

4/1/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 08/05/2020
  • DocketOn the Petition filed by HSI CHE WANG on 04/01/2020, entered Order for Dismissal without prejudice as to the entire action

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  • 08/05/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 08/05/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 08/05/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/05/2020; Result Type to Held - Motion Granted

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  • 06/15/2020
  • DocketNotice Petitioner's Notice of Non-Opposition by Respondent to Petition to Confirm Arbitration Award; Filed by: HSI CHE WANG (Petitioner); As to: Betty M. Kwan (Respondent)

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  • 05/07/2020
  • DocketProof of Service by Substituted Service; Filed by: HSI CHE WANG (Petitioner); As to: Betty M. Kwan (Respondent); Proof of Mailing Date: 04/30/2020; Service Cost: 174.00; Service Cost Waived: No

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  • 04/01/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/01/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/01/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 04/01/2020
  • DocketSummons on Petition; Issued and Filed by: HSI CHE WANG (Petitioner); As to: Betty M. Kwan (Respondent)

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  • 04/01/2020
  • DocketCivil Case Cover Sheet; Filed by: HSI CHE WANG (Petitioner); As to: Betty M. Kwan (Respondent)

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  • 04/01/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: HSI CHE WANG (Petitioner); As to: Betty M. Kwan (Respondent)

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  • 04/01/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 08/05/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/01/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP01218    Hearing Date: August 05, 2020    Dept: 25

HEARING DATE: Wed., August 5, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Wang v. Kwan PET. FILED: 04-01-20

CASE NUMBER: 20STCP01218

NOTICE: NO

PROCEEDINGS: PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioner Hsi Che Wang aka James Wang

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Hsi Che Wang aka James Wang’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER19, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled 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

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of August 3, 2020 [ ] Late [X] None

REPLY: None filed as of August 3, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On December 11, 2019, Arbitrator Patrick Maloney (the “Arbitrator”) with the Los Angeles County Bar Association’s Committee on Arbitration rendered an award in favor of Petitioner Hsi Che Wang aka James Wang (“Petitioner”) and against Respondent Betty M. Kwan (“Respondent”) and Law Office of Betty M. Kwan in the amount of $8,940.00 plus interest at the prevailing legal rate from the 30th day after service of the award (the “Arbitration Award”). (Pet., Lau Decl., ¶ 7, Exh. B.)

On April 1, 2020, Petitioner initiated this action by filing the instant Petition to Confirm Arbitration Award (the “Petition”). 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.” (EHM Productions, supra, at p. 1063-64.)

  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, Petitioner states that the arbitration was the result of Petitioner’s request for a binding fee arbitration pursuant to Business and Professions Code sections 6200 through 6206, attaches a copy of the Arbitration Award, and sets forth the name of the neutral arbitrator. 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.)

Finally, 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.)

Here, Petitioner included a proof of service demonstrating the Arbitrator served a copy of the Arbitration Award the parties on December 20, 2019 via first-class mail. (Pet., Lau Decl., ¶ 7, Exh. B.) As noted above, Code of Civil Procedure section 1283.6 requires that the neutral arbitrator’s service by mail be done by registered or certified mail. (Code Civ. Proc., § 1283.6.) (Italics added.) However, a Court may confirm an arbitration award despite an irregularity in service by the arbitrator when the non-moving party has not suffered any prejudice. (Murray v. Civil Service Emp. Ins. Co. (1967) 254 Cal.App.2d 796, 799; see also United Brotherhood of Carpenters etc., Local 642 v. Demello (1972) 22 Cal.App.3d 838, 840 [affirming confirmation of arbitration award despite an irregularity in statutory signature requirements because appellant did not demonstrate it was prejudiced by said statutory violation].) Here, the Arbitrator served both parties by mail, albeit in a slightly different manner than required by statute. Respondent was also served with a copy of the Arbitration Award with this Petition. Indeed, “the sole function of the service of an award upon the parties to an arbitration is to give them notice of the existence and contents of the award.” (Murray v. Civil Service Emp. Ins. Co., supra, at p. 799.) The Court finds that function was satisfied here, and Respondent has not filed an opposition demonstrating otherwise.

Petitioner also filed a proof of service demonstrating that on April 30, 2020, Respondent was served with a copy of the Petition and Notice of Hearing by substitute service. (5/7/20 Proof of Service.) However, the Notice of Hearing is completely devoid of information regarding the date, time, and place of the hearing. (Petition, p. 1.) Petitioner later filed a Notice of Non-Opposition which noted the correct hearing date and time, but the attached proof of service is not signed. (6/15/20 Notice of Non-Opposition, proof of service.) Thus, the Court cannot find Respondent was given adequate notice of this hearing.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Hsi Che Wang aka James Wang’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 19, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled 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.