This case was last updated from Los Angeles County Superior Courts on 10/16/2020 at 00:57:57 (UTC).

JOE E. VERNON VS MARIO SANFORD, ET AL.

Case Summary

On 11/14/2019 JOE E VERNON filed an Other - Arbitration lawsuit against MARIO SANFORD. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4881

  • Filing Date:

    11/14/2019

  • Case Status:

    Other

  • 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

VERNON JOE E. DBA WEST COAST WINDOWS AND HOME IMPROVEMENT

Respondents

SANFORD DONNA

SANFORD MARIO

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition to confirm contractual arbitration award) of 10/14/2020

10/14/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition to confirm contractual arbitration award) of 10/14/2020

Minute Order - Minute Order (Hearing on Petition to confirm contractual arbitration award)

10/14/2020: Minute Order - Minute Order (Hearing on Petition to confirm contractual arbitration award)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition to confirm contractual arbitration award) of 07/14/2020

7/14/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition to confirm contractual arbitration award) of 07/14/2020

Minute Order - Minute Order (Hearing on Petition to confirm contractual arbitration award)

7/14/2020: Minute Order - Minute Order (Hearing on Petition to confirm contractual arbitration award)

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

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

First Amended Standing Order - First Amended Standing Order

11/14/2019: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

11/14/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

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

11/14/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Petition (name extension) - Petition to confirm contractual arbitration award

11/14/2019: Petition (name extension) - Petition to confirm contractual arbitration award

Civil Case Cover Sheet - Civil Case Cover Sheet

11/14/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

 

Docket Entries

  • 10/14/2020
  • DocketUpdated -- Petition to confirm contractual arbitration award: Filed By: Joe E. Vernon (Petitioner); Result: Denied; Result Date: 10/14/2020

    Read MoreRead Less
  • 10/14/2020
  • DocketMinute Order (Hearing on Petition to confirm contractual arbitration award)

    Read MoreRead Less
  • 10/14/2020
  • DocketCertificate of Mailing for (Hearing on Petition to confirm contractual arbitration award) of 10/14/2020; Filed by: Clerk

    Read MoreRead Less
  • 10/14/2020
  • DocketHearing on Petition to confirm contractual arbitration award scheduled for 10/14/2020 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/14/2020; Result Type to Held - Motion Denied

    Read MoreRead Less
  • 07/14/2020
  • DocketMinute Order (Hearing on Petition to confirm contractual arbitration award)

    Read MoreRead Less
  • 07/14/2020
  • DocketCertificate of Mailing for (Hearing on Petition to confirm contractual arbitration award) of 07/14/2020; Filed by: Clerk

    Read MoreRead Less
  • 07/14/2020
  • DocketOn the Court's own motion, Hearing on Petition to confirm contractual arbitration award scheduled for 07/14/2020 at 09:00 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 10/14/2020 09:00 AM

    Read MoreRead Less
  • 04/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 04/16/2020
  • DocketReset - Court Unavailable, Hearing on Petition to confirm contractual arbitration award scheduled for 05/05/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 07/14/2020 09:00 AM

    Read MoreRead Less
  • 03/16/2020
  • DocketOn the Court's own motion, Hearing on Petition to confirm contractual arbitration award scheduled for 03/19/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 05/05/2020 08:30 AM

    Read MoreRead Less
  • 03/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 11/14/2019
  • DocketHearing on Petition to confirm contractual arbitration award scheduled for 03/19/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 11/14/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 11/14/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 11/14/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 11/14/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 11/14/2019
  • DocketCivil Case Cover Sheet; Filed by: Joe E. Vernon (Petitioner)

    Read MoreRead Less
  • 11/14/2019
  • DocketPetition to confirm contractual arbitration award; Filed by: Joe E. Vernon (Petitioner)

    Read MoreRead Less

Tentative Rulings

Case Number: 19STCP04881    Hearing Date: October 14, 2020    Dept: 26

Vernon v. Sanford, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Joe E. Vernon dba West Coast Window & Home Improvement’s Petition to Confirm Arbitration Award is DENIED.

ANALYSIS:

Petitioner Joe E. Vernon dba West Coast Window & Home Improvement (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Mario Sanford and Donna Sanford (“Respondents”) on November 14, 2019.

The Petition initially came for hearing on July 14, 2020, at which time the Court found defects in Petitioner’s service of the Petition, Notice of Hearing and Arbitration Award. (Minute Order, 7/14/20.) The Court continued the hearing to October 14, 2020 and ordered Petitioner to file and serve papers demonstrating the service defects had been corrected at least 16 court days prior to the continued hearing date. (Ibid.) The Court also ordered Petitioner to give Respondents notice of the continued hearing date. (Ibid.)

To date, Petitioner has not filed any supplemental papers correcting the service defects as ordered by the Court, nor has Petitioner demonstrated that he provided Respondents with notice of the upcoming hearing date. Nor has any opposition to the Petition been filed to date.

Based on Petitioner’s failure to demonstrate proper service of the Petition, Notice of Hearing, and Arbitration Award, despite an additional opportunity to do so, the Petition to Confirm Arbitration Award is DENIED.

Court clerk to give notice.

Case Number: 19STCP04881    Hearing Date: July 14, 2020    Dept: 26

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Joe E. Vernon dba West Coast Window & Home Improvement’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 14, 2020 AT 9:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Petitioner Joe E. Vernon dba West Coast Window & Home Improvement (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Mario Sanford and Donna Sanford (“Respondents”) on November 14, 2019. 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 Petition and Notice of Hearing

Code of Civil Procedure, section 1290.4 requires the Petition and Notice of Hearing to be served on Respondents “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).)

Petitioner has not filed proof of service demonstrating service of the Petition and Notice of Hearing on Respondents. Therefore, the Court cannot find that Petitioner has satisfied the requirements for service under Code of Civil Procedure, section 1290.4.

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

Petitioner also fails to demonstrate service of the Arbitration Award as required by Code of Civil Procedure section 1283.6. Under this section, service of the arbitration award by the arbitrator must be “personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.) No proof of service is attached to the Arbitration Award. (Pet., Attachment 8(c).)

Alternatively, service of the award in conjunction with the Petition can satisfy the statutory requirements but only if the requirements of Code of Civil Procedure section 1290.4 have been satisfied. (See Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) As discussed above, however, Petitioner has not demonstrated any service, let alone proper statutory service, of the Petition.

Additionally, under Code of Civil Procedure section 1288 and 1288.4, a petition to confirm arbitration must be filed and served at least ten days, but no more than four years, after the award was served. Until service of the Arbitration Award and Petition is demonstrated, the Court cannot find that the requirements of either Code of Civil Procedure, sections 1283.6, 1288, 1288.4 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:

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 arbitrators.

c) 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, which is a window installation agreement. (Pet., Attachment 4(b).) It also sets forth the name of the Arbitrator (Marcia Haber Kamine) and attaches a copy of the Award to the Petition. (Pet., Attachment 8(c).) The Petition demonstrates that on October 7, 2019, the arbitrator issued an award requiring Respondents to pay Petitioner $9,274.22, plus $2,000.00 for arbitration fees.

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

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 14, 2020 AT 9:00  AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE PAPERS CORRECTING THE PROBLEMS NOTED ABOVE. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

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