This case was last updated from Los Angeles County Superior Courts on 10/13/2020 at 14:05:45 (UTC).

MASHIAN LAW GROUP, APC VS MOJGAN BOODAIE

Case Summary

On 11/15/2019 MASHIAN LAW GROUP, APC filed an Other - Arbitration lawsuit against MOJGAN BOODAIE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4915

  • Filing Date:

    11/15/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Petitioner

MASHIAN LAW GROUP APC

Respondent

BOODAIE MOJGAN

Attorney/Law Firm Details

Petitioner Attorney

MASHIAN BAHMAN

 

Court Documents

Request for Dismissal - Request for Dismissal

8/6/2020: Request for Dismissal - Request for Dismissal

Notice (name extension) - Notice OF TAKING HEARING ON PETITION TO CONFIRM ARBITRATION AWARD OFF CALENDAR

7/13/2020: Notice (name extension) - Notice OF TAKING HEARING ON PETITION TO CONFIRM ARBITRATION AWARD OFF CALENDAR

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

7/14/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Notice (name extension) - Notice OF CONTINUANCE OF HEARING ON PETITION

4/27/2020: Notice (name extension) - Notice OF CONTINUANCE OF HEARING ON PETITION

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

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Personal Service - Proof of Personal Service

4/6/2020: Proof of Personal Service - Proof of Personal Service

Notice (name extension) - Notice OF CONTINUANCE OF HEARING ON PETITION

4/10/2020: Notice (name extension) - Notice OF CONTINUANCE OF HEARING ON PETITION

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

3/13/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

1/14/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

First Amended Standing Order - First Amended Standing Order

11/15/2019: First Amended Standing Order - First Amended Standing Order

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

11/15/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Civil Case Cover Sheet - Civil Case Cover Sheet

11/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Petition

11/15/2019: Summons - Summons on Petition

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

11/15/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

11/15/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

3 More Documents Available

 

Docket Entries

  • 08/06/2020
  • DocketOn the Petition filed by Mashian Law Group, APC on 11/15/2019, entered Request for Dismissal without prejudice filed by Mashian Law Group, APC as to the entire action

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  • 07/14/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 07/14/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 07/14/2020 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/14/2020; Result Type to Held - Motion Granted

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  • 07/13/2020
  • DocketNotice OF TAKING HEARING ON PETITION TO CONFIRM ARBITRATION AWARD OFF CALENDAR; Filed by: Mashian Law Group, APC (Petitioner)

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  • 04/27/2020
  • DocketNotice OF CONTINUANCE OF HEARING ON PETITION; Filed by: Mashian Law Group, APC (Petitioner)

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  • 04/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/17/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 05/04/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 07/14/2020 09:30 AM

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  • 04/10/2020
  • DocketNotice OF CONTINUANCE OF HEARING ON PETITION; Filed by: Mashian Law Group, APC (Petitioner); As to: Mojgan Boodaie (Respondent)

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  • 04/06/2020
  • DocketProof of Personal Service; Filed by: Mashian Law Group, APC (Petitioner); As to: Mojgan Boodaie (Respondent); Service Date: 04/02/2020; Service Cost: 95.00; Service Cost Waived: No

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  • 03/13/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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1 More Docket Entries
  • 01/14/2020
  • DocketAddress for Bahman Mashian (Attorney) updated

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  • 01/14/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Bahman Mashian (Attorney)

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  • 11/18/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/20/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/18/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 11/15/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: Mashian Law Group, APC (Petitioner); As to: Mojgan Boodaie (Respondent)

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  • 11/15/2019
  • DocketCivil Case Cover Sheet; Filed by: Mashian Law Group, APC (Petitioner); As to: Mojgan Boodaie (Respondent)

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  • 11/15/2019
  • DocketSummons on Petition; Issued and Filed by: Mashian Law Group, APC (Petitioner); As to: Mojgan Boodaie (Respondent)

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  • 11/15/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/15/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/15/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP04915    Hearing Date: July 14, 2020    Dept: 25

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Mashian Law Group, APC’s Petition to Confirm Attorney-Client Fee Arbitration Award is GRANTED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of July 10, 2020 [ ] Late [X] None

REPLY: None filed as of July 10, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 20, 2019, Arbitrator Alexander Litvak (the “Arbitrator”) with the Los Angeles County Bar Association, Attorney-Client Mediation & Arbitration Services rendered an arbitration award of $24,237.40, plus interest at the prevailing legal rate from the 30th day after service (the “Arbitration Award”), in favor of Petitioner Bryan Mashian, Esq., Mashian Law Group, APC (“Petitioner”) and against Respondent Mojgan Boodaie (“Respondent”). (Pet., ¶ 6, Attach. 6(c).)

On November 15, 2019, Petitioner filed the instant Petition to Confirm Attorney-Client Fee Arbitration Award (the “Petition”) against Respondent. To date, no opposition has been filed.

  1. 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.” (EHM Productions, supra, at p. 1063-64.)

  1. Discussion

A. Filing Requirements (Code Civ. Proc., § 1285.4)

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.”

Here, the Petition indicates that the attorney-fee dispute arbitration was conducted pursuant to Business and Professions Code sections 6200-6206 (Pet., ¶ 2) and sets forth the name of the Arbitrator (Id. at ¶ 4). It also attaches a copy of the Arbitration Award that requires Respondent to pay Petitioner $24,237.40 plus interest at the prevailing legal rate from the 30th day after the date of service. (Id. at ¶ 6, Attach. 6(c).) Thus, Petitioner has satisfied the requirements of Code of Civil Procedure section 1285.4.

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

Code of Civil Procedure, section 1283.6 provides 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.”  (Italics added.)

Code of Civil Procedure, section 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.

In addition, 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 Respondents and Petitioners.  (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.)

Petitioner filed a proof of service demonstrating Respondent was personally served with the Petition and Notice of Hearing on April 2, 2020. (4/6/20 Proof of Service.) Petitioner also included a proof of service demonstrating the Arbitrator served a copy of the Arbitration Award via first-class mail on October 9, 2020. (Pet., Attach. 6(c).)

As noted above, Code of Civil Procedure section 1283.6 requires that the neutral arbitrator’s service by mail be done by registered or certified mail. (Code Civ. Proc., § 1283.6.) (Italics added.) However, a Court may confirm an arbitration award despite an irregularity in service by the arbitrator when the non-moving party has not any suffered prejudice. (Murray v. Civil Service Emp. Ins. Co. (1967) 254 Cal.App.2d 796, 799; see also United Brotherhood of Carpenters etc., Local 642 v. Demello (1972) 22 Cal.App.3d 838, 840 [affirming confirmation of arbitration award despite an irregularity in statutory signature requirements because appellant did not demonstrate it was prejudiced by said statutory violation].) Here, the Arbitrator served both parties by mail, albeit in a slightly different manner than required by statute. In addition, Respondent was served with a copy of the Arbitration Award again with this Petition. Indeed, “the sole function of the service of an award upon the parties to an arbitration is to give them notice of the existence and contents of the award.” (Murray v. Civil Service Emp. Ins. Co., supra, at p. 799.) The Court finds that function was satisfied here, and Respondent has not filed an opposition demonstrating otherwise.

Lastly, this Petition was filed and served at least 10 days, but no more than four years, after the Arbitration Award was served on both parties.

Thus, the Court finds Petitioner has satisfied the above requirements.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Mashian Law Group, APC’s Petition to Confirm Attorney-Client Fee Arbitration Award is GRANTED.

Moving party is ordered to give notice.