This case was last updated from Los Angeles County Superior Courts on 11/30/2020 at 10:36:44 (UTC).

LAW OFFICES OF SAM X.J. WU, APC VS XINYU HU

Case Summary

On 02/24/2020 LAW OFFICES OF SAM X J WU, APC filed an Other - Arbitration lawsuit against XINYU HU. 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 Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0759

  • Filing Date:

    02/24/2020

  • Case Status:

    Disposed - Other Disposed

  • 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

Petitioners

RUSSAME VICTOR

WU SAM X.J.

LAW OFFICES OF SAM X.J. WU APC

Respondent

HU XINYU

Attorney/Law Firm Details

Petitioner Attorney

WU SAM X.J.

 

Court Documents

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

11/19/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

10/27/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Notice of Ruling - Notice of Ruling

10/13/2020: Notice of Ruling - Notice of Ruling

Judgment - Judgment on Petition to Confirm Arb Award

9/28/2020: Judgment - Judgment on Petition to Confirm Arb Award

Notice of Ruling - Notice of Ruling

7/2/2020: Notice of Ruling - Notice of Ruling

Declaration (name extension) - Declaration Supplemental Declaration of Victor Russame In Support of Petition to Confirm Arbitration Award

9/2/2020: Declaration (name extension) - Declaration Supplemental Declaration of Victor Russame In Support of Petition to Confirm Arbitration Award

Memorandum of Points & Authorities - Memorandum of Points & Authorities in support of Petition To Confirm Arbitration Award

9/2/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities in support of Petition To Confirm Arbitration Award

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

9/28/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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

6/29/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

3/13/2020: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

Notice (name extension) - Notice of Time Change for Hearing on Petition to Confirm Arb Award

3/13/2020: Notice (name extension) - Notice of Time Change for Hearing on Petition to Confirm Arb Award

Proof of Service by Mail - Proof of Service by Mail

3/3/2020: Proof of Service by Mail - Proof of Service by Mail

First Amended Standing Order - First Amended Standing Order

2/24/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

2/24/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

2/24/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

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

2/24/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

2/24/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

6 More Documents Available

 

Docket Entries

  • 11/19/2020
  • DocketAbstract of Judgment - Civil and Small Claims; Issued by: Law Offices of Sam X.J. Wu, APC (Petitioner)

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  • 10/27/2020
  • DocketMemorandum of Costs (Summary); Filed by: Victor Russame (Petitioner); Sam X.J. Wu (Petitioner); Law Offices of Sam X.J. Wu, APC (Petitioner); As to: Xinyu Hu (Respondent); Total Costs: 536.23

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  • 10/13/2020
  • DocketNotice of Ruling; Filed by: Law Offices of Sam X.J. Wu, APC (Petitioner)

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  • 09/28/2020
  • DocketJudgment on Petition to Confirm Arb Award; Filed by: Victor Russame (Petitioner); Sam X.J. Wu (Petitioner); Law Offices of Sam X.J. Wu, APC (Petitioner); As to: Xinyu Hu (Respondent)

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  • 09/28/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 09/28/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 09/28/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/28/2020; Result Type to Held - Motion Granted

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  • 09/28/2020
  • DocketUpdated -- Petition to Confirm Arbitration Award: Filed By: Law Offices of Sam X.J. Wu, APC (Petitioner),Sam X.J. Wu (Petitioner),Victor Russame (Petitioner); Result: Granted; Result Date: 09/28/2020

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  • 09/02/2020
  • DocketMemorandum of Points & Authorities in support of Petition To Confirm Arbitration Award; Filed by: Victor Russame (Petitioner); Sam X.J. Wu (Petitioner); Law Offices of Sam X.J. Wu, APC (Petitioner)

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  • 09/02/2020
  • DocketDeclaration Supplemental Declaration of Victor Russame In Support of Petition to Confirm Arbitration Award; Filed by: Victor Russame (Petitioner); Sam X.J. Wu (Petitioner); Law Offices of Sam X.J. Wu, APC (Petitioner)

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  • 07/02/2020
  • DocketNotice of Ruling; Filed by: Law Offices of Sam X.J. Wu, APC (Petitioner)

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3 More Docket Entries
  • 03/13/2020
  • DocketDeclaration of Interest, Costs and Attorney Fees; Filed by: Victor Russame (Petitioner); Sam X.J. Wu (Petitioner); Law Offices of Sam X.J. Wu, APC (Petitioner); As to: Xinyu Hu (Respondent)

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  • 03/03/2020
  • DocketProof of Service by Mail; Filed by: Victor Russame (Petitioner); Sam X.J. Wu (Petitioner); Law Offices of Sam X.J. Wu, APC (Petitioner); As to: Xinyu Hu (Respondent)

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  • 02/25/2020
  • DocketDue to Clerical Error, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 06/29/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 06/29/2020 10:30 AM

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  • 02/24/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 06/29/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/24/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Victor Russame (Petitioner); Sam X.J. Wu (Petitioner); Law Offices of Sam X.J. Wu, APC (Petitioner); As to: Xinyu Hu (Respondent)

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  • 02/24/2020
  • DocketCivil Case Cover Sheet; Filed by: Victor Russame (Petitioner); Sam X.J. Wu (Petitioner); Law Offices of Sam X.J. Wu, APC (Petitioner); As to: Xinyu Hu (Respondent)

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  • 02/24/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 02/24/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/24/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/24/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP00759    Hearing Date: September 28, 2020    Dept: 26

Wu v. Hu, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioners Victor Russame, Sam X.J. Wu and Law Offices of Sam X.J. Wu, APC’s Petition to Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER IN THE AMOUNT OF $5,242.41, PLUS COSTS ACCORDING TO PROOF.

ANALYSIS:

On September 27, 2019, an arbitrator issued an Arbitration Award in favor of Victor Russame, Sam X.J. Wu and Law Offices of Sam X.J. Wu, APC (“Petitioners”) and against Xinyu Hu (“Respondent”). On February 24, 2020, Petitioners filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Petition first came for hearing on June 29, 2020, at which time the Court found numerous defects with respect to service of the arbitration award, Petition and notice of hearing. (Minute Order, 6/29/20, pp. 2-3.) The Court continued the hearing to allow Petitioners to file supplemental papers demonstrating the service defects have been corrected. (Id. at p. 4.)

On September 2, 2020, Petitioners filed a supplemental brief and declaration. 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).)

Petitioners have now attached a copy of the arbitration agreement, which does not provide for the manner of service of the Petition and Notice of Hearing. (Pet., Supp. Russame, Exh. A.) Service of the Petition and Notice of Hearing, therefore, must be made in the manner provided by law for the service of summons in an action. On August 20, 2020, Petitioner personally served Respondent with the Petition and Notice of Hearing. (Id. at Exh. B.) Therefore, the Court finds 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)

A copy of the Arbitration Award is attached to the Petition and, as a result, was personally served on Respondent on August 20, 2020. (Pet., Supp. Russame Decl., Exh. B.) This demonstrates compliance with Code of Civil Procedure section 1283.6 because proper service of the arbitration award with the Petition can stand in for service of the arbitration award by the arbitrator. (Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800).

Additionally, Petitioner has now demonstrated that the Award was served by the arbitrator by first-class mail in accordance with the Los Angeles County Bar Association’s (“LACBA”) Attorney-Client Mediation and Arbitration Services (“ACMAS”) Rule 30. (Pet., Attach. 6(c); Supp. Russame Decl., Exh. A.)

Furthermore, 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.) While service of the Petition on August 20, 2020 was less than four years after concurrent service of the Arbitration Award, it was not more than ten days after service of the Petition. However, because there is no apparent prejudice to Respondent from non-compliance with the ten-day requirement, the Court finds it is not a bar to confirmation of the Award.

Therefore, the requirements of Code of Civil Procedure sections 1283.6, 1288 or 1288.4 are 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.) As discussed in the June 29, 2020 order, the Petition complies with the above requirements. It sets forth the nature of the agreement to arbitrate. (Pet., ¶2.) It also sets forth the name of the Arbitrator, Jeffrey Kapor. (Pet., ¶4 and Attachment 6(c).) The Petition also attaches a copy of the Arbitration Award to the Petition. (Pet., Attachment 6(c).) Therefore, the substantive portion of the Petition has been satisfied.

Finally, to the extent the Petition requests an award of costs according to proof (Pet., ¶10(e)), Petitioners may file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700.

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONERS IN THE AMOUNT OF $5,242.41, PLUS COSTS ACCORDING TO PROOF.

Moving party to give notice.

Case Number: 20STCP00759    Hearing Date: June 29, 2020    Dept: 26

Wu v. Hu, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioners Victor Russame, Sam X.J. Wu and Law Offices of Sam X.J. Wu, APC’s Petition to Confirm Arbitration Award is CONTINUED TO SEPTEMBER 28, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On September 27, 2019, an arbitrator issued an Arbitration Award in favor of Victor Russame, Sam X.J. Wu and Law Offices of Sam X.J. Wu, APC (“Petitioners”) and against Xinyu Hu (“Respondent”). On February 24, 2020, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). 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).)

Petitioners have not attached a copy of the arbitration agreement, therefore, the Court cannot determine whether it provides for the manner of service of the Petition and Notice of Hearing. Nor have Petitioners demonstrated that those documents were served in the manner provided for service of a Summons. The proof of service of the Petition and Notice of Hearing indicates only that the documents were served by first-class mail. (Pet., Proof of Service; Proof of Service, filed 3/3/20.)

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)

A copy of the Arbitration Award is attached to the Petition indicating it was served on the parties on September 27, 2019 by mail. (Pet., Attachment 6(c).) This does not demonstrate compliance with Code of Civil Procedure section 1283.6, which 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.” (CCP § 1283.6 (emphasis added).) No copy of the arbitration agreement is attached so the Court cannot make a finding regarding the manner of service, if any, permitted therein.

The Court also notes that while proper service of the award with the Petition is sufficient to meet the requirements of CCP section 1283.6 (Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800), because service of the Petition has not been shown to be proper (as discussed above) it cannot stand in for service of the arbitration award.

Furthermore, a party seeking a court judgment confirming an arbitration award must file and serve petition no more than four years, but not less than 10 days, after the award is served. (CCP §§ 1288, 1288.4.) As Petitioners have not yet demonstrated proper service of the Petition or Award, the Court cannot determine that the Petition was served less than four years or at least ten (10) days after service of the Arbitration Award.

Therefore, Petitioners have not demonstrated that the requirements of Code of Civil Procedure sections 1283.6, 1288 or 1288.4 are 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 Petition complies with the above requirements. It sets forth the nature of the agreement to arbitrate. (Pet., ¶2.) It also sets forth the name of the Arbitrator, Jeffrey Kapor. (Pet., ¶4 and Attachment 6(c).) Finally, the Petition attaches a copy of the Arbitration Award to the Petition. (Pet., Attachment 6(c).) The Court, therefore, finds the substantive portion of the Petition has been satisfied.

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is CONTINUED TO SEPTEMBER 28, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED ABOVE. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE HEARING ON PETITION BEING PLACED OFF CALENDAR OR DENIED.

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