This case was last updated from Los Angeles County Superior Courts on 02/19/2021 at 10:18:03 (UTC).

JOSEPH L. SHALANT VS PAUL BICKENBACH

Case Summary

On 06/22/2020 JOSEPH L SHALANT filed an Other - Arbitration lawsuit against PAUL BICKENBACH. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1974

  • Filing Date:

    06/22/2020

  • Case Status:

    Pending - Other Pending

  • 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

SHALANT JOSEPH L.

Respondent

BICKENBACH PAUL

Attorney/Law Firm Details

Petitioner Attorney

PER PRO

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 02/17/2021

2/17/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 02/17/2021

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

2/17/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

10/20/2020: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

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

1/12/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

10/26/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

First Amended Standing Order - First Amended Standing Order

6/22/2020: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

6/22/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

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

6/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

6/23/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

6/23/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

 

Docket Entries

  • 04/14/2021
  • Hearing04/14/2021 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 02/17/2021
  • DocketUpdated -- Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 02/17/2021: Status Date changed from 02/17/2021 to 02/17/2021; As To Parties: removed

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  • 02/17/2021
  • DocketUpdated -- Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 02/17/2021: As To Parties: removed

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  • 02/17/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 02/17/2021
  • DocketCertificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 02/17/2021; Filed by: Clerk

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  • 02/17/2021
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 02/17/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 04/14/2021 10:30 AM

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  • 01/12/2021
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 01/12/2021
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 01/25/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 02/17/2021 10:30 AM

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  • 11/23/2020
  • DocketNotice and Acknowledgment of Receipt; Filed by: JOSEPH L. SHALANT (Petitioner); As to: PAUL BICKENBACH (Respondent)

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  • 10/26/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 01/25/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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2 More Docket Entries
  • 10/20/2020
  • DocketUpdated -- Notice and Acknowledgment of Receipt: Status Date changed from 11/23/2020 to 10/20/2020; As To Parties changed from PAUL BICKENBACH (Respondent) to PAUL BICKENBACH (Respondent)

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  • 06/23/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: JOSEPH L. SHALANT (Petitioner); As to: PAUL BICKENBACH (Respondent)

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  • 06/23/2020
  • DocketCivil Case Cover Sheet; Filed by: JOSEPH L. SHALANT (Petitioner); As to: PAUL BICKENBACH (Respondent)

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  • 06/23/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/26/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/23/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 06/22/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 06/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/22/2020
  • DocketUpdated -- Petition to Confirm Arbitration Award: Status Date changed from 06/23/2020 to 06/22/2020

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  • 06/22/2020
  • DocketUpdated -- Civil Case Cover Sheet: Status Date changed from 06/23/2020 to 06/22/2020

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Tentative Rulings

Case Number: 20STCP01974    Hearing Date: February 17, 2021    Dept: 26

Shalant v. Bickenbach, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Joseph L. Shalant’s Petition to Confirm Arbitration Award is CONTINUED TO APRIL 14, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PETITIONER TO GIVE NOTICE OF THE CONTINUED HEARING DATE AND FILE PROOF OF SERVICE OF THE SAME AT LEAST 16 COURT DAYS PRIOR TO THE CONTINUED HEARING DATE.

ANALYSIS:

On October 4, 2019, an Arbitration Award was issued in favor of Joseph L. Shalant (“Petitioner”) and against Paul Bickenbach (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on June 22, 2020. Petitioner filed a proof of service of the Summons, Petition and Notice of Hearing on October 20, 2020 (this was refiled on November 23, 2020).

The Petition initially came for hearing on October 26, 2020, at which time the Court continued the matter to January 25, 2021. Prior to the new hearing date, the matter was continued again to February 17, 2021. To date, no response has been filed.

Legal Standard

“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.” (Code Civ. Proc., § 1285.) “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.” (Code Civ. Proc., § 1286.)

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).)

No copy of the arbitration agreement is attached to the Petition so the Court cannot determine what manner of service it permits. Petitioner filed proof of service of the Petition and Notice of Hearing on Respondent by mail with notice and acknowledgement. (Proof of Service, filed 10/20/20.) Respondent executed the acknowledgment on September 22, 2020. (Ibid.) Service in this manner complies with the requirements for service by mail under Code of Civil Procedure section 415.30. Therefore, the Court finds that the requirements of Code of Civil Procedure section 1290.4 have been satisfied with respect to the Petition and Notice of Initial Hearing.

Following the continuation of the hearing on October 23, 2020, however, no proof of service of the Notice of Continued Hearing has been filed. Both the October 23, 2020 minute order and Notice of Continuance of Hearing issued on January 12, 2021 instructed Petitioner to give notice of the new hearing dates to Respondent. Without proof of service of the current hearing date, the Court cannot grant the Petition.

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

Code of Civil Procedure section 1283.6 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.” (Code Civ. Proc., § 1283.6.)

The arbitration award was served by the arbitrator on November 5, 2019 by regular mail. (Pet., Attachment 6(c), Proof of Service.) Service by regular mail is not sufficient to meet the requirements of Code of Civil Procedure section 1283.6. However, service of the Award with the Petition can stand in for service under section 1283.6. (See Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) As noted above, Petitioner has now demonstrated proper service of the Petition and the Court finds the requirements of Code of Civil Procedure section 1283.6 are satisfied.

Also, a party seeking a court judgment confirming an arbitration award must file and serve the petition no more than four years, but not less than 10 days, after the award is served. (CCP §§ 1288, 1288.4.) Service of the Petition on September 22, 2020 complies with the requirements of Code of Civil Procedure sections 1283.6, 1288 and 1288.4 regarding service of the award and timing of the Petition.

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, which is an attorney-client fee dispute arbitration agreement. (Pet., Attachment 4(b).) It also sets forth the name of the Arbitrator, D. Steve Cameron. (Pet., ¶4.) Finally, the Petition attaches a copy of the Award. (Pet., Attachment 6(c).) The Court finds that the substantive portion of the Petition has been satisfied.

Attorney’s Fees, Costs and Other Charges

To the extent Petitioner requests attorney’s fees and costs according to proof (Pet., ¶¶10(e)-(f)), those are permitted on a petition to confirm arbitration award. (Code Civ. Proc., § 1293.2; MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Petitioner may file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700 and a noticed motion for attorney fees pursuant to Cal. Rules of Court Rule 3.1702.

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is CONTINUED TO APRIL 14, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PETITIONER TO GIVE NOTICE OF THE CONTINUED HEARING DATE AND FILE PROOF OF SERVICE OF THE SAME AT LEAST 16 COURT DAYS PRIOR TO THE CONTINUED HEARING DATE.

Petitioner to give notice.

Case Number: 20STCP01974    Hearing Date: October 26, 2020    Dept: 26

Shalant v. Bickenbach, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Joseph L. Shalant’sPetition to Confirm Arbitration Award is CONTINUED TO JANUARY 25, 2021 AT 09:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:
On October 4, 2019, an arbitrator issued an Arbitration Award in favor of Joseph L. Shalant (“Petitioner”) and against Paul Bickenbach (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on June 23, 2020. 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).)
No copy of the arbitration agreement is attached to the Petition so the Court cannot determine what manner of service it permits. Furthermore, Petitioner has not filed proof of service of either the Petition or Notice of Hearing on Respondent. Therefore, 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)
Code of Civil Procedure section 1283.6 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.” (Code Civ. Proc., § 1283.6.)
The arbitration award was served by the arbitrator on November 5, 2019 by regular mail. (Pet., Attachment 6(c), Proof of Service.) Service by regular mail is not sufficient to meet the requirements of Code of Civil Procedure section 1283.6. Service of the Award with the Petition can stand in for service under section 1283.6, but as noted above, Petitioner has not yet demonstrated proper service of the Petition. (See Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.)
Finally, a party seeking a court judgment confirming an arbitration award must file and serve the petition no more than four years, but not less than 10 days, after the award is served. (CCP §§ 1288, 1288.4.) Without proper proof of service of the Award, Petition or Notice of Hearing, the Court cannot find that the requirements of Code of Civil Procedure sections 1283.6, 1288 or 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:
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 an attorney-client fee dispute arbitration agreement. (Pet., Attachment 4(b).) It also sets forth the name of the Arbitrator, D. Steve Cameron. (Pet., ¶4.) Finally, the Petition attaches a copy of the Award. (Pet., Attachment 6(c).) The Court, therefore, finds the substantive portion of the Petition has been satisfied.
Attorney’s Fees, Costs and Other Charges
To the extent Petitioner requests attorney’s fees and costs according to proof (Pet., ¶¶10(e)-(f)), those are permitted on a petition to confirm arbitration award. (Code Civ. Proc., § 1293.2; MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Petitioner may file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700 and a noticed motion for attorney’s fees pursuant to Cal. Rules of Court Rule 3.1702.
Conclusion
Based on the foregoing, the Petition to Confirm Arbitration Award is CONTINUED TO JANUARY 25, 2021 AT 09:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE CONTINUED HEARING DATE PETITIONER IS ORDERED TO FILE AND SERVE PAPERS DEMONSTRATING PROPER SERVICE OF THE ARBITRATION AWARD, NOTICE OF HEARING AND PETITION IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.Moving party to give notice