This case was last updated from Los Angeles County Superior Courts on 10/02/2020 at 07:50:35 (UTC).

MICHAEL ROHRBAUGH VS DLM ENTERTAINMENT GROUP, LLC

Case Summary

On 03/05/2020 MICHAEL ROHRBAUGH filed an Other - Arbitration lawsuit against DLM ENTERTAINMENT GROUP, LLC. 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:

    *******0926

  • Filing Date:

    03/05/2020

  • 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

JAMES E. BLANCARTE

 

Party Details

Petitioner

ROHRBAUGH MICHAEL

Respondent

DLM ENTERTAINMENT GROUP LLC

Attorney/Law Firm Details

Petitioner Attorney

DAVID HENRY

 

Court Documents

Notice of Ruling - Notice of Ruling

8/31/2020: Notice of Ruling - Notice of Ruling

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

8/31/2020: 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

8/4/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Continuance of Hearing on Petition to Confirm Arbitration Award

8/6/2020: Notice (name extension) - Notice of Continuance of Hearing on Petition to Confirm Arbitration Award

Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

6/23/2020: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

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

7/2/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Continuance of Hearing on Petition to Confirm Arbitration Award

7/6/2020: Notice (name extension) - Notice of Continuance of Hearing on Petition to Confirm Arbitration Award

Declaration (name extension) - Declaration by Michael Rohrbaugh in Support of His Petition to Confirm Arbitration Award

3/9/2020: Declaration (name extension) - Declaration by Michael Rohrbaugh in Support of His Petition to Confirm Arbitration Award

First Amended Standing Order - First Amended Standing Order

3/5/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

3/5/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Petition

3/5/2020: Summons - Summons on Petition

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

3/5/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

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

3/5/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

3/5/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

2 More Documents Available

 

Docket Entries

  • 08/31/2020
  • DocketNotice of Ruling; Filed by: Michael Rohrbaugh (Petitioner)

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  • 08/31/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 08/31/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 08/31/2020 at 11:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/31/2020; Result Type to Held - Motion Granted

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  • 08/06/2020
  • DocketNotice of Continuance of Hearing on Petition to Confirm Arbitration Award; Filed by: Michael Rohrbaugh (Petitioner); As to: DLM Entertainment Group, LLC (Respondent)

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  • 08/04/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 08/04/2020
  • DocketThere being no judge available this date, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 08/11/2020 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/31/2020 11:00 AM

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  • 07/06/2020
  • DocketNotice of Continuance of Hearing on Petition to Confirm Arbitration Award; Filed by: Michael Rohrbaugh (Petitioner); As to: Michael Rohrbaugh (Petitioner); DLM Entertainment Group, LLC (Respondent)

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  • 07/02/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 07/02/2020
  • DocketThere being no judge available this date, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 07/09/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/11/2020 09:30 AM

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  • 06/23/2020
  • DocketNotice and Acknowledgment of Receipt; Filed by: Michael Rohrbaugh (Petitioner); As to: DLM Entertainment Group, LLC (Respondent)

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  • 03/09/2020
  • DocketDeclaration by Michael Rohrbaugh in Support of His Petition to Confirm Arbitration Award; Filed by: Michael Rohrbaugh (Petitioner)

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  • 03/05/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Michael Rohrbaugh (Petitioner); As to: DLM Entertainment Group, LLC (Respondent)

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  • 03/05/2020
  • DocketCivil Case Cover Sheet; Filed by: Michael Rohrbaugh (Petitioner); As to: DLM Entertainment Group, LLC (Respondent)

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  • 03/05/2020
  • DocketSummons on Petition; Issued and Filed by: Michael Rohrbaugh (Petitioner); As to: DLM Entertainment Group, LLC (Respondent)

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  • 03/05/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 03/05/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/05/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/05/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 07/09/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 03/05/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP00926    Hearing Date: August 31, 2020    Dept: 25

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Michael Rohrbaugh’s Petition to Confirm Contractual Arbitration Award is GRANTED. Petitioner is ordered to file a proposed judgment pursuant to the Arbitration Award within ten (10) days of this order.

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 August 26, 2020 [ ] Late [X] None

REPLY: None filed as of August 26, 2020 [ ] Late [X] None

ANALYSIS:

I. Background

On July 19, 2017, Petitioner Michael Rohrbaugh (“Petitioner”) and Respondent DLM Entertainment Group, LLC (“Respondent”) entered into a Settlement and Mutual Release (the “Agreement”). (3/9/20 Rohrbaugh Decl., ¶ 14, Exh. 1.)

On January 27, 2020, Arbitrator Max J. Sprecher (the “Arbitrator”) with the Independent Film and Television Alliance, International Arbitration Tribunal, rendered an arbitration award requiring Respondent to pay Petitioner $18,241.02, based on damages of $12,500.00, attorney’s fees of $765.00, costs of $3,000.00, and interest of $1,976.02 (the “Arbitration Award”). (Pet., Attach. 8(c).)

On March 5, 2020, Petitioner filed the instant Petition to Confirm Contractual Arbitration Award (the “Petition”). To date, no opposition has been filed.

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. Instead, we restrict our review to whether the award should be vacated under the grounds listed in section 1286.2. [Citations.]’” (Id.)

III. Discussion

A. Filing Requirements of a Petition to Confirm Arbitration Award (CCP § 1285.4)

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.”

Petitioner submits a redacted copy of the parties’ Agreement, which includes an arbitration provision (3/9/20 Rohrbaugh Decl., ¶ 14, Exh. 1) and also attaches a copy of the Arbitration Award, which sets forth the name of the neutral arbitrator. (Pet., Attach. 8 (c).) Thus, the Petition complies with the above requirements.

B. Service of the Petition and Notice of Hearing

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.

Here, the Agreement does not provide for a manner of service. Thus, service of this Petition must be made in the same manner as service of process. Service of a summons may be accomplished by personal service, by substitute service, by mail with acknowledgment of receipt, or by publication. (Code Civ. Proc., § 415.10, et seq.)

Petitioner filed a Notice of Acknowledgement of Receipt of Petition to Confirm Arbitration Award and Related Documents (the “Notice of Acknowledgement”) demonstrating that, on June 18, 2020, Petitioner served the Petition and Notice of Hearing on Lisa A. Callif, Respondent’s registered agent, at lcallif@donaldsoncallif.com per the parties’ agreement. (6/23/20 Notice of Acknowledgement of Receipt of Petition to Confirm Arbitration Award and Related Documents.) The Notice of Acknowledgement includes a signature from Ms. Callif acknowledging receipt of the Petition and Notice of Hearing on June 19, 2020. (Id.)

Thus, the Court finds that Respondent was adequately served with this Petition.

C. Service of the Arbitration Award & Timeliness of Petition (CCP §§ 1283.6, 1288, 1288.4)

Code of Civil Procedure section 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.” (Italics added.) In addition, a party may seek a court judgment confirming an arbitration award by filing and serving a petition no more than four years, but not less than 10 days, after the award is served. (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.)

Here, the Independent Film & Television Alliance served a copy of the Arbitration Award on the parties on January 31, 2020 via certified mail and email. (Pet., Attach. 8(c).) In addition, the Petition was filed on March 5, 2020, more than ten days after the Arbitration Award was served on the parties. Thus, the Court finds that Petitioner has satisfied the requirements of Sections 1283.6, 1288, and 1288.4.

IV. Conclusion & Order

For the foregoing reasons, Petitioner Michael Rohrbaugh’s Petition to Confirm Contractual Arbitration Award is GRANTED. Petitioner is ordered to file a proposed judgment pursuant to the Arbitration Award within ten (10) days of this order.

Moving party is ordered to give notice.