JEFFER MANGELS BUTLER & MITCHELL LLP VS NEW YORK DREAM REGIONAL CENTER

Tentative Rulings

Case Number: 19STCP00209    Hearing Date: February 18, 2020    Dept: 26

Jeffer Mangels Butler & Mitchell, LLP v. New York Dream Regional Center, et al.

MOTION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Jeffer Mangels Butler & Mitchell, LLP’s Motion to Confirm Arbitration Award is GRANTED. Judgment is entered in favor of Petitioner in the amount of $24,315.01 principal, plus prejudgment interest at 10 percent per annum from the July 22, 2019 date of the Arbitration Award.

ANALYSIS:

Petitioner Jeffer Mangels Butler & Mitchell, LLP (“Petitioner”) filed the instant action as a Petition to Compel Arbitration against Respondent New York Dream Regional Center fka Tri State USA Regional Center, LLC (“Respondent”) on January 14, 2019. On May 20, 2019, the Court granted the Petition to Compel Arbitration. On October 2, 2019, Petitioner filed the instant Motion to Confirm Arbitration Award. 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 Arbitration Award (CCP §§ 1283.6, 1288)

Petitioner demonstrates service of the arbitration award as required by Code of Civil Procedure section 1283.6. The Award was served on counsel for both parties by the arbitrator on July 23, 2019 by certified mail. (Motion, Sedor Decl., ¶3 and Exh. 2.) Also, under Code of Civil Procedure section 1288, a petition to confirm arbitration must be filed and served no more than four years after the award was served. The Award was issued on January 21, 2019, so the instant Motion to confirm was timely filed and served on October 1, 2019.

Therefore, the Court finds that the requirements of Code of Civil Procedure, sections 1283.6 and 1288 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 Motion complies with the above requirements. It sets forth the nature of the agreement to arbitrate pursuant to the parties’ attorney-client fee agreement. (Motion, Sedor Decl., ¶2 and Exh. 1.) It also sets forth the name of the Arbitrator (Hon. Robert W. Thomas (Ret.)) and attaches a copy of the Award to the Petition. (Id. at Exh. 2.) The Motion demonstrates that on July 23, 2019, the arbitrator issued an award requiring Respondent to pay Petitioner $24,315.01 plus interest.

Accordingly, Petitioner has complied with the requirements of Code of Civil Procedure, section 1285.4.

Conclusion

Based on the foregoing, the Motion to Confirm Arbitration Award is GRANTED. Judgment is entered in favor of Petitioner in the amount of $24,315.01 principal, plus prejudgment interest at 10 percent per annum from the July 22, 2019 date of the Arbitration Award.

Moving party to give notice.