This case was last updated from Los Angeles County Superior Courts on 08/02/2020 at 12:50:39 (UTC).

LOTTIE COHEN VS RHONDA DEVICTOR

Case Summary

On 06/25/2019 LOTTIE COHEN filed an Other - Arbitration lawsuit against RHONDA DEVICTOR. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2708

  • Filing Date:

    06/25/2019

  • 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

WENDY CHANG

 

Party Details

Petitioner

COHEN LOTTIE

Respondent

DEVICTOR RHONDA

Attorney/Law Firm Details

Petitioner Attorney

COHEN LOTTIE

 

Court Documents

Substitution of Attorney - Substitution of Attorney

3/16/2020: Substitution of Attorney - Substitution of Attorney

Notice of Rejection of Electronic Filing - Notice of Rejection of Electronic Filing

1/6/2020: Notice of Rejection of Electronic Filing - Notice of Rejection of Electronic Filing

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

11/5/2019: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

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

10/29/2019: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award; He...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion - Other PETITIONER LOTTIE COHENS NOTICE OF...) of 09/24/2019

9/24/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion - Other PETITIONER LOTTIE COHENS NOTICE OF...) of 09/24/2019

Notice (name extension) - Notice OF CONTINUANCE OF HEARING ON MOTION TO CONFIRM ATTORNEY-CLIENT FEE ARBITRATION AWARD AND TO ISSUE JUDGMENT

9/24/2019: Notice (name extension) - Notice OF CONTINUANCE OF HEARING ON MOTION TO CONFIRM ATTORNEY-CLIENT FEE ARBITRATION AWARD AND TO ISSUE JUDGMENT

Minute Order - Minute Order (Hearing on Motion - Other PETITIONER LOTTIE COHENS NOTICE OF...)

9/24/2019: Minute Order - Minute Order (Hearing on Motion - Other PETITIONER LOTTIE COHENS NOTICE OF...)

Notice (name extension) - Notice OF FILING ORIGINAL PROOF OF SERVICE

8/7/2019: Notice (name extension) - Notice OF FILING ORIGINAL PROOF OF SERVICE

Status Report - Status Report

8/7/2019: Status Report - Status Report

Notice (name extension) - Notice OF UNAVAILABILITY OF COUNSEL

7/30/2019: Notice (name extension) - Notice OF UNAVAILABILITY OF COUNSEL

Notice (name extension) - Notice PETITIONER LOTTIE COHENS NOTICE OF MOTION AND MOTION TO CONFIRM ATTORNEY-CLIENT FEE ARBITRATION AWARD; AND TO ISSUE JUDGMENT THEREUPON

7/11/2019: Notice (name extension) - Notice PETITIONER LOTTIE COHENS NOTICE OF MOTION AND MOTION TO CONFIRM ATTORNEY-CLIENT FEE ARBITRATION AWARD; AND TO ISSUE JUDGMENT THEREUPON

Summons - Summons on Petition

6/25/2019: Summons - Summons on Petition

Notice of Hearing on Petition - Notice of Hearing on Petition

6/25/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

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

6/25/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

6/25/2019: First Amended Standing Order - First Amended Standing Order

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

6/25/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Civil Case Cover Sheet - Civil Case Cover Sheet

6/25/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

5 More Documents Available

 

Docket Entries

  • 03/16/2020
  • DocketSubstitution of Attorney; Filed by: Lottie Cohen (Petitioner)

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  • 01/06/2020
  • DocketUpdated -- Notice of Rejection of Electronic Filing: As To Parties: removed

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  • 12/11/2019
  • DocketNon-Appearance Case Review re lodging of proposed judgment scheduled for 12/13/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 12/11/2019

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  • 11/05/2019
  • DocketMemorandum of Costs (Summary); Filed by: Lottie Cohen (Petitioner); As to: Rhonda DeVictor (Respondent); Total Costs: 771.00

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  • 11/05/2019
  • DocketJudgment PROPOSED JUDGMENT - Rejected; Submitted by: Lottie Cohen (Petitioner); As to: Rhonda DeVictor (Respondent)

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  • 10/29/2019
  • DocketNon-Appearance Case Review re lodging of proposed judgment scheduled for 12/13/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/29/2019
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award; He...)

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  • 10/29/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/29/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 10/29/2019; Result Type to Held

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  • 10/29/2019
  • DocketHearing on Motion - Other PETITIONER LOTTIE COHEN?S NOTICE OF MOTION AND MOTION TO CONFIRM ATTORNEY-CLIENT FEE ARBITRATION AWARD; AND TO ISSUE JUDGMENT THEREUPON scheduled for 10/29/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 10/29/2019; Result Type to Held

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  • 09/24/2019
  • DocketHearing on Motion - Other PETITIONER LOTTIE COHEN?S NOTICE OF MOTION AND MOTION TO CONFIRM ATTORNEY-CLIENT FEE ARBITRATION AWARD; AND TO ISSUE JUDGMENT THEREUPON scheduled for 10/29/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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7 More Docket Entries
  • 07/30/2019
  • DocketNotice OF UNAVAILABILITY OF COUNSEL; Filed by: Lottie Cohen (Petitioner); As to: Rhonda DeVictor (Respondent)

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  • 07/11/2019
  • DocketNotice PETITIONER LOTTIE COHEN?S NOTICE OF MOTION AND MOTION TO CONFIRM ATTORNEY-CLIENT FEE ARBITRATION AWARD; AND TO ISSUE JUDGMENT THEREUPON; Filed by: Lottie Cohen (Petitioner); As to: Rhonda DeVictor (Respondent)

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  • 06/28/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/29/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/28/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 06/25/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: Lottie Cohen (Petitioner); As to: Rhonda DeVictor (Respondent)

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  • 06/25/2019
  • DocketCivil Case Cover Sheet; Filed by: Lottie Cohen (Petitioner); As to: Rhonda DeVictor (Respondent)

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  • 06/25/2019
  • DocketSummons on Petition; Issued and Filed by: Lottie Cohen (Petitioner); As to: Rhonda DeVictor (Respondent)

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  • 06/25/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 06/25/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/25/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP02708    Hearing Date: October 29, 2019    Dept: 94

PETITION TO CONFIRM ARBITRATION

(CCP § 1285)

TENTATIVE RULING:

Petitioner Lottie Cohen’s Petition to Confirm Arbitration Award is GRANTED.

ANALYSIS:

I. Discussion

On July 23, 2018, an arbitrator from the Los Angeles County Bar Association issued an Arbitration Award in favor of Petitioner Lottie Cohen (“Petitioner”) and against Respondent Rhonda DeVictor (“Respondent”) in the sum of $6,513. Petitioner then brought the instant Petition to Confirm Arbitration Award (the “Petition”) on June 25, 2019.

II. Legal Standard

“Regardless of the particular relief granted, any arbitrator’s award is enforceable only when confirmed as a judgment of the superior court.” (O’Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.) “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.) It is well settled that the scope of judicial review of arbitration awards is extremely narrow.” (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.) “Neither the trial court, nor the appellate court, may ‘review the merits of the dispute, the sufficiency of the evidence, or the arbitrator’s reasoning, nor may we correct or review an award because of an arbitrator’s legal or factual error, even if it appears on the award’s face.” (Id.)

III. Discussion

A.

CCP § 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.

(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

Petitioner has submitted a copy of the Arbitration Award, (Pet., Arbitration Award), and the identity of the arbitrator, (id., Item No. 4). Thus, Petitioner has satisfied subs. (b) and (c).

Petitioner, however, has failed to submit a copy of the Arbitration Agreement or set forth the substance of the Agreement. Notwithstanding this, the Court finds that the failure to satisfy subd. (a) of Section 1285.4 to not affect the substantial rights of Respondent given that Petitioner has satisfied all the other requirements as explained herein. Under CCP § 475, the Court must and does disregard this one procedural error given that it “does not affect the substantial rights of the parties.”

B. Service of the Arbitration Award, Petition, and Notice of Hearing (CCP §§ 1283.6, 1290.4)

CCP § 1283.6 provides that: “The 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.”  (Emphasis added.)

CCP § 1290.4 states in pertinent part:

“(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.

(b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision: ¶ (1) Service within this State shall be made in the manner provided by law for the service of summons in an action.”

Here, Petitioner has provided proofs that the neutral arbitration had served the Arbitration Award on her and Respondent and that the Notice of Petition and Petition were served on Respondent by substituted service in the same manner as the service of summons. (8/7/19 Proof of Service; Arbitrator’s Proof of Service.) Thus, Petitioner has satisfied CCP § 1290.4 and § 1283.6.

C. Timeliness of Petition (CCP §§ 1288, 1288.4)

A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the award is served on Respondent and Petitioner.  (CCP §§ 1288, 1288.4.) 

Because the arbitrator served the Arbitration Award on Petitioner and Respondent on August 2, 2018, the filing and service of the instant Petition approximately ten months later are timely under CCP § 1288 and § 1288.4.

D. Prejudgment Interest & Costs

“Section 3287 provides that a party may recover prejudgment interest on an amount awarded when the damages are certain, or capable of being made certain by calculation, and the right to recover those damages is vested. [Citation.]” (Tenzera, Inc. v. Osterman (2012) 205 Cal.App.4th 16, 21.) “Section 3287 applies to arbitration awards. A prevailing party in arbitration is entitled to prejudgment interest as of the date of the final award to entry of judgment. [Citations.] ‘Although the interest [is] pre-‘judicial judgment,’ it [is] post-‘contractual judgment.’’ [Citation.] Thus, ordinarily [a petitioner] would be entitled to prejudgment interest from the date of the final arbitration award until the date the award is confirmed and judgment is entered.” (Id. p. 22.)

On August 7, 2019, Petitioner filed a Status Report to inform the Court that Respondent had paid $6,513 towards the Arbitration Award two days before. Nonetheless, Petitioner is entitled to 10% prejudgment interest per annum on the principal sum of $6,513 under CCP § 3289 from the date the Arbitration Award was entered, which was July 23, 2018, to when Respondent paid the principal sum, which was August 5, 2019. To have costs entered into the judgment, Petitioner must file a signed memorandum of costs as required by CRC 3.1700(a).

IV. Conclusion & Order

In light of the foregoing, the unopposed Petition is GRANTED. Judgment is to be entered as follows: (10% per annum based on the principal sum of $6,513 from July 23, 2018 to August 5, 2019) + (costs condition on the filing of the memorandum of costs).

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.