This case was last updated from Los Angeles County Superior Courts on 02/12/2021 at 04:17:08 (UTC).

JOSEPH LIFSHULTZ VS TODD BEZZASSO

Case Summary

On 09/04/2020 JOSEPH LIFSHULTZ filed an Other - Arbitration lawsuit against TODD BEZZASSO. 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:

    *******2858

  • Filing Date:

    09/04/2020

  • 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

LIFSHULTZ JOSEPH

Respondent

BEZZASSO TODD

Attorney/Law Firm Details

Petitioner Attorney

STUART GORDON

 

Court Documents

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

2/10/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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

11/30/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

First Amended Standing Order - First Amended Standing Order

9/4/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

9/4/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

9/4/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

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

9/4/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

9/4/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 04/07/2021
  • Hearing04/07/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

    Read MoreRead Less
  • 02/11/2021
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 02/10/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 04/07/2021 10:00 AM

    Read MoreRead Less
  • 02/10/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

    Read MoreRead Less
  • 11/30/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 11/30/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 01/08/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 02/10/2021 10:30 AM

    Read MoreRead Less
  • 09/08/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 01/08/2021 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 09/08/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

    Read MoreRead Less
  • 09/04/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 09/04/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 09/04/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 09/04/2020
  • DocketCivil Case Cover Sheet; Filed by: JOSEPH LIFSHULTZ (Petitioner); As to: TODD BEZZASSO (Respondent)

    Read MoreRead Less
  • 09/04/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: JOSEPH LIFSHULTZ (Petitioner); As to: TODD BEZZASSO (Respondent)

    Read MoreRead Less

Tentative Rulings

Case Number: 20STCP02858    Hearing Date: February 10, 2021    Dept: 26

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Joseph Lifshultz’s Petition to Confirm Arbitration Award is CONTINUED TO APRIL 7, 2021 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE

ANALYSIS:

On July 16, 2020, an arbitrator issued an Arbitration Award in favor of Joseph Lifshultz (“Petitioner”) and against Todd Bezzasso (“Respondent”). On September 4, 2020, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Court set the Petition for hearing on January 8, 2021 and ordered Petitioner to give notice. On November 30, 2020, the Court continued the hearing to February 10, 2021.

To date, no proof of service with respect to the Petition or Notice of Hearing has been filed. To date, no opposition 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.) A petition to confirm arbitration must be filed and served no more than four years after the award was served. (Code Civ. Proc., § 1288.)

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 address the manner in which a petition to confirm arbitration award must be served so service must be made in the manner provided by law for service of summons. (Pet., Attachment 4(b).) However, no proof of service has been filed with respect to the Petition or Notice of Hearing. Therefore, Petitioner has not demonstrated compliance with the statutory requirements.

Service of the Arbitration Award

Code of Civil Procedure section 1283.6 requires the arbitrator serve the signed arbitration award “personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.) The parties’ agreement does not provide for the method of service. (Pet., Attachment 4(b).) The arbitration agreement was served by electronic mail and overnight delivery, which does not conform to the requirements of Code of Civil Procedure section 1283.6. (Pet., Attachment 4(b), POS.)

Alternatively, service of the award in conjunction with the Petition can satisfy the statutory requirements if sufficient to convey notice of the award. (See Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) But as noted above, Petitioner has not demonstrated service of the Petition and attachments. Therefore, Petitioner has not demonstrated compliance with Code of Civil Procedure section 1283.6.

Confirmation of the Arbitration Award

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (Code Civ. Proc., § 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 does not exactly set forth the nature of the agreement to arbitrate. The parties entered into a promissory note, but it does not contain any arbitration provision. (Pet., Attachment 4(b).) The Petition does set forth the name of the Arbitrator (Jim G. Baklayan, Esq.) and attaches a copy of the Award to the Petition. (Pet., Attachment 4(b).) The Petition demonstrates that on July 16, 2020, the arbitrator issued an award requiring Respondent to pay Petitioner $25,000.00.

However, Petitioner must demonstrate that confirmation of the arbitration award by the Court is proper despite the lack of an arbitration agreement. Until then, Petitioner has not fully complied with the requirements of Code of Civil Procedure, section 1285.4.

Conclusion

Petitioner Joseph Lifshultz’s Petition to Confirm Arbitration Award is CONTINUED TO APRIL 7, 2021 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF HEARING AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE. PETITIONER IS TO FURTHER FILE AND SERVE SUPPLEMENTAL PAPERS ADDRESSING THE DEFECTS DISCUSSED HEREIN. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer GORDON STUART M