This case was last updated from Los Angeles County Superior Courts on 10/11/2021 at 11:09:06 (UTC).

PATRICIA BENNER LANDSCAPE DESIGN VS GERALD MALANGA

Case Summary

On 01/17/2020 PATRICIA BENNER LANDSCAPE DESIGN filed an Other - Arbitration lawsuit against GERALD MALANGA. 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:

    *******0243

  • Filing Date:

    01/17/2020

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Arbitration

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff and Petitioner

PATRICIA BENNER LANDSCAPE DESIGN

Defendant and Respondent

MALANGA GERALD

Attorney/Law Firm Details

Plaintiff Attorneys

MATTHEWS JAMES MICHAEL

MATTHEWS J. MICHAEL

Petitioner Attorney

MATTHEWS JAMES MICHAEL ESQ.

 

Court Documents

Notice of Hearing on Petition - Notice of Hearing on Petition

7/14/2021: Notice of Hearing on Petition - Notice of Hearing on Petition

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/15/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

9/7/2021: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Minute Order - Minute Order (Hearing on Petition to Confirm Arbitration Award Filed by Pet...)

9/15/2021: Minute Order - Minute Order (Hearing on Petition to Confirm Arbitration Award Filed by Pet...)

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

3/18/2021: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

Ex Parte Application (name extension) - Ex Parte Application For an order Resetting Petition Hearing

3/18/2021: Ex Parte Application (name extension) - Ex Parte Application For an order Resetting Petition Hearing

Order (name extension) - Plaintiff Ex Parte ruling

3/22/2021: Order (name extension) - Plaintiff Ex Parte ruling

Affidavit (name extension) - Affidavit of Due Diligence

10/16/2020: Affidavit (name extension) - Affidavit of Due Diligence

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

12/3/2020: Minute Order - Minute Order (Hearing on Motion to Confirm Arbitration Award)

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

7/2/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

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

8/6/2020: Minute Order - Minute Order (Hearing on Motion to Confirm Arbitration Award)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Confirm Arbitration Award) of 08/06/2020

8/6/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Confirm Arbitration Award) of 08/06/2020

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

4/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

1/17/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

1/17/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/17/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Hearing on Petition - Notice of Hearing on Petition

1/17/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

First Amended Standing Order - First Amended Standing Order

1/17/2020: First Amended Standing Order - First Amended Standing Order

10 More Documents Available

 

Docket Entries

  • 09/27/2021
  • DocketNon-Appearance Case Review Re: Proposed Form of Judgment (per granting of Petition for Confirmation of Arbitration Award Granted 09/15/2021) scheduled for 10/14/2021 at 12:00 PM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/27/2021

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  • 09/22/2021
  • DocketUpdated -- Judgment Granting Arbitration Award: Status Date changed from 09/22/2021 to 09/22/2021; Name Extension changed from [PROPOSED] Granting Arbitration Award to Granting Arbitration Award; Result Date changed from 09/22/2021 to 09/22/2021; As To Parties: Gerald Malanga (Respondent)

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  • 09/22/2021
  • DocketCourt orders judgment entered for Petitioner Patricia Benner Landscape Design against Respondent Gerald Malanga on the Complaint filed by Patricia Benner Landscape Design on 01/17/2020 for the principal amount of $12,506.69, interest of $2,292.84, and costs of $1,585.57 for a total of $16,385.10.

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  • 09/22/2021
  • DocketUpdated -- Judgment [PROPOSED] Granting Arbitration Award: Filed By: Patricia Benner Landscape Design (Plaintiff); Result: Granted; Result Date: 09/22/2021

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  • 09/15/2021
  • DocketNon-Appearance Case Review Re: Proposed Form of Judgment (per granting of Petition for Confirmation of Arbitration Award Granted 09/15/2021) scheduled for 10/14/2021 at 12:00 PM in Spring Street Courthouse at Department 26

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  • 09/15/2021
  • DocketMinute Order (Hearing on Petition to Confirm Arbitration Award Filed by Pet...)

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  • 09/15/2021
  • DocketUpdated -- Event scheduled for 09/15/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Type changed from Hearing on Motion to Confirm Arbitration Award to Hearing on Petition (name extension)

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  • 09/15/2021
  • DocketHearing on Petition To Confirm Arbitration Award Filed by Petitioner Patricia Benner Landscape Design Against Respondent Gerald Malaga scheduled for 09/15/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/15/2021; Result Type to Held - Motion Granted

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  • 09/15/2021
  • DocketUpdated -- Petition to Confirm Contractual Arbitration Award: Filed By: Patricia Benner Landscape Design (Plaintiff); Result: Granted; Exact Name: Petition to Confirm Contractual Arbitration Award; Result Date: 09/15/2021; As To Parties changed from Gerald Malanga (Defendant) to Gerald Malanga (Respondent)

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  • 09/13/2021
  • DocketUpdated -- Event scheduled for 09/15/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Type changed from Hearing on Petition (name extension) to Hearing on Motion to Confirm Arbitration Award

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29 More Docket Entries
  • 04/23/2020
  • DocketUpdated -- Event scheduled for 05/22/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Type changed from Hearing on Petition (name extension) to Hearing on Motion to Confirm Arbitration Award

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  • 04/23/2020
  • DocketReset - Court Unavailable, Hearing on Motion to Confirm Arbitration Award scheduled for 05/22/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 08/06/2020 09:00 AM

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  • 01/21/2020
  • DocketProof of Service by Mail; Filed by: Patricia Benner Landscape Design (Plaintiff); As to: Gerald Malanga (Defendant)

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  • 01/17/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/17/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/17/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 01/17/2020
  • DocketCivil Case Cover Sheet; Filed by: Patricia Benner Landscape Design (Plaintiff); As to: Gerald Malanga (Defendant)

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  • 01/17/2020
  • DocketComplaint; Filed by: Patricia Benner Landscape Design (Plaintiff); As to: Gerald Malanga (Defendant)

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  • 01/17/2020
  • DocketHearing on Petition Complaint scheduled for 05/22/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 01/17/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

b'

Case Number: 20STCP00243 Hearing Date: September 15, 2021 Dept: 26

Patricia Brenner Landscape Design v. Malanga, et al.20STCP00243

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petition to Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER PATRICIA BENNER LANDSCAPE DESIGN IN THE AMOUNT OF $10,506.95 PRINCIPAL.

ANALYSIS:

On November 18, 2019, an arbitrator issued an Arbitration Award in favor of Patricia Benner Landscape Design (“Petitioner”) and against Gerald Malanga (“Respondent”). On January 17, 2010, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Petition was initially set for hearing on August 6, 2020, at which time the Court continued the hearing to December 3, 2020 to allow Petitioner to correct defects in service of the arbitration award, Petition and notice of hearing. (Minute Order, 08/06/20.)

On October 16, 2020, the Court denied Petitioner’s ex parte application to serve the Petition and related documents by publication. (Minute Order, 10/16/20.) At the continued hearing on December 3, 2020, Petitioner failed to appear and the Court placed the matter off calendar. (Minute Order, 12/03/20.) On March 22, 2021, the Court granted Petitioner’s ex parte application to re-set the hearing date on the Petition and scheduled the matter for September 15, 2021. (Minute Order, 03/22/21.)

Petitioner filed a Notice of Hearing on July 14, 2021 and Proof of Service of the Petition and Notice of Hearing on July 15, 2021. No opposition has been filed to date.

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).)

The arbitration agreement does not provide for the manner of service of the Petition and Notice of Hearing, therefore, those documents must be served in the manner provided for service of a Summons. Here, Petitioner has now filed proof of service of the Notice of Hearing and Petition that demonstrates personal service. (Proof of Service, filed 07/15/21.) Personal service satisfies the requirements for service of summons in an action.

Therefore, Petitioner has demonstrated 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)

Code of Civil Procedure section 1283.6 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.” (Code Civ. Proc., § 1283.6.) Service of the arbitration award with the Petition itself is sufficient to overcome any irregularity in service of the Petition by the arbitrator. (Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.)

Here, the arbitration agreement does not provide for the manner of service, therefore, service of the award must be personally or by registered or certified mail. The only proof of service of the award, however, is by electronic mail on November 19, 2019. (Pet., Attachment 8(c).) However, service of the arbitration award with the instant 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.) As discussed above, service of the Petition with the arbitration award attached now complies with the statutory requirements.

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. (Code Civ. Proc., §§ 1288, 1288.4.) The Petition was timely served less than two years after the arbitration award was issued.

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.) The Petition complies with the above requirements. It sets forth the nature of the agreement to arbitrate. (Pet., Attachment 4(c).) It also sets forth the name of the Arbitrator, Leslie Steven Marks, Esq. (Pet., Attachment 4(b).) Finally, the Petition attaches a copy of the Award to the Amended Petition, pursuant to which Petitioner was awarded $10,506.69. (Pet., Attachment 8(c).) The Court finds that the substantive portion of the Petition has been satisfied.

Costs

To the extent Petitioner requests $370.00 in costs (Pet., ¶¶10(e)), costs are permitted on a petition to confirm arbitration award. (Code Civ. Proc., § 1293.2; MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Petitioner 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 PETITIONER PATRICIA BENNER LANDSCAPE DESIGN IN THE AMOUNT OF $10,506.95 PRINCIPAL.

Moving party to give notice.

'

Case Number: 20STCP00243    Hearing Date: December 03, 2020    Dept: 26

Patricia Brenner Landscape Design v. Malanga, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

The court does not have a tentative ruling.  It will ask plaintiff about service of the petition on respondent.

Case Number: 20STCP00243    Hearing Date: August 06, 2020    Dept: 26

Patricia Brenner Landscape Design v. Malanga, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Patricia Brenner Landscape Design’s Petition to Confirm Arbitration Award is CONTINUED TO DECEMBER 3, 2020 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On November 18, 2019, an arbitrator issued an Arbitration Award in favor of Patricia Brenner Landscape Design (“Petitioner”) and against Gerald Malanga (“Respondent”). On January 17, 2010, 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).)

The arbitration agreement does not provide for the manner of service of the Petition and Notice of Hearing, therefore, those documents must be served in the manner provided for service of a Summons. Here, Petitioner has only filed proof of service of the Notice of Hearing, and that only demonstrates service by mail. (Proof of Service, filed 1/21/20.) Similarly, proof of service of the Petition only demonstrates service by mail. (Pet., Proof of Service.) Service by first-class mail does not satisfy the requirements for service of summons in an action.

Therefore, Petitioner has not demonstrated 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)

Code of Civil Procedure section 1283.6 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.” (Code Civ. Proc., § 1283.6.) Service of the arbitration award with the Petition itself is sufficient to overcome any irregularity in service of the Petition by the arbitrator. (Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.)

Here, the arbitration agreement does not provide for the manner of service, therefore, service of the award must be personally or by registered or certified mail. The only proof of service of the award, however, is by electronic mail on November 19, 2019. (Pet., Attachment 8(c).) Nor is service of the arbitration award with the instant Petition 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.) As discussed above, service of the Petition does not comply with the statutory requirements.

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.) Without proper service, the Court cannot find that the requirements of Code of Civil Procedure sections 1283.6, 1288 and 1288.4 regarding service of the award and Petition and timing of the Petition have been 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.) The Petition complies with the above requirements. It sets forth the nature of the agreement to arbitrate. (Pet., Attachment 4(c).) It also sets forth the name of the Arbitrator, Leslie Steven Marks, Esq. (Pet., Attachment 4(b).) Finally, the Petition attaches a copy of the Award to the Amended Petition. (Pet., Attachment 8(c).) The Court, therefore, finds the substantive portion of the Petition has been satisfied.

Costs

To the extent Petitioner requests costs according to proof (Pet., ¶¶10(e)-(f)), those are permitted on a petition to confirm arbitration award. (Code Civ. Proc., § 1293.2; MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Petitioner 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 CONTINUED TO DECEMBER 3, 2020 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE PAPERS CORRECTING THE DEFECTS NOTED ABOVE. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.

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