This case was last updated from Los Angeles County Superior Courts on 08/15/2020 at 00:10:19 (UTC).

STEINER MEDICAL REGISTRY, INC., A MEDICAL CORPORATION VS CHRISTOPHER B. ELLISON, ET AL.

Case Summary

On 07/18/2019 STEINER MEDICAL REGISTRY, INC , A MEDICAL CORPORATION filed an Other - Arbitration lawsuit against CHRISTOPHER B ELLISON. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3108

  • Filing Date:

    07/18/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Petitioner

STEINER MEDICAL REGISTRY INC. A MEDICAL CORPORATION DBA EXPEDIENT MEDICOLEGAL SERVICES

Respondents

ELLISON CHRISTOPHER B.

THE LAW OFFICES OF ELLISON & ASSOCIATES APC

Attorney/Law Firm Details

Petitioner Attorney

ZEUTZIUS WILLIAM J.

 

Court Documents

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

8/13/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Brief (name extension) - Brief Second Supplemental Brief to Petition

3/12/2020: Brief (name extension) - Brief Second Supplemental Brief to Petition

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/12/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/12/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

3/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

1/16/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Certificate of Mailing for - Certificate of Mailing for [Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)]

2/4/2020: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)]

Proof of Service by Substituted Service - Proof of Service by Substituted Service

12/11/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Brief (name extension) - Brief Supplement Brief to Petition to Confirm Arbitration Award

12/11/2019: Brief (name extension) - Brief Supplement Brief to Petition to Confirm Arbitration Award

Proof of Service by Substituted Service - Proof of Service by Substituted Service

12/11/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

11/21/2019: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Notice (name extension) - Notice of Continuance of Hearing

11/25/2019: Notice (name extension) - Notice of Continuance of Hearing

Notice of Hearing on Petition - Notice of Hearing on Petition

7/29/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Proof of Service by Mail - Proof of Service by Mail

7/29/2019: Proof of Service by Mail - Proof of Service by Mail

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

7/18/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

7/18/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

7/18/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

7/18/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

10 More Documents Available

 

Docket Entries

  • 08/13/2020
  • DocketJudgment is to be entered for Petitioner Steiner Medical Registry, Inc., a Medical Corporation DBA Expedient Medicolegal Services against Respondent Christopher B. Ellison and Respondent The Law Offices of Ellison & Associates APC on the Complaint filed by Steiner Medical Registry, Inc., a Medical Corporation on 07/18/2019 for damages of $5,500.00, attorney fees of $10,746.00, interest of $1,485.00, and other $2,125.00 for a total of $19,856.00, joint and several. Cost to be determined per filing of Memorandum of Costs.

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  • 08/13/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 08/13/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 08/13/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/13/2020; Result Type to Held - Motion Granted

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  • 03/24/2020
  • DocketNotice of Continuance of Hearing; Filed by: Steiner Medical Registry, Inc., a Medical Corporation (Petitioner); As to: Christopher B. Ellison (Respondent); The Law Offices of Ellison & Associates APC (Respondent)

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  • 03/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/17/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 04/16/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/13/2020 10:30 AM

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  • 03/12/2020
  • DocketBrief Second Supplemental Brief to Petition; Filed by: Steiner Medical Registry, Inc., a Medical Corporation (Petitioner)

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  • 03/12/2020
  • DocketProof of Service by Substituted Service; Filed by: Steiner Medical Registry, Inc., a Medical Corporation (Petitioner); As to: The Law Offices of Ellison & Associates APC (Respondent); Proof of Mailing Date: 02/18/2020; Service Cost: 55.00; Service Cost Waived: No

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  • 03/12/2020
  • DocketProof of Service by Substituted Service; Filed by: Steiner Medical Registry, Inc., a Medical Corporation (Petitioner); As to: Christopher B. Ellison (Respondent); Proof of Mailing Date: 02/18/2020; Service Cost: 95.00; Service Cost Waived: No

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  • 02/13/2020
  • DocketNotice of Continuance of Hearing; Filed by: Steiner Medical Registry, Inc., a Medical Corporation (Petitioner); As to: Christopher B. Ellison (Respondent); The Law Offices of Ellison & Associates APC (Respondent)

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11 More Docket Entries
  • 11/21/2019
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 07/29/2019
  • DocketProof of Service by Mail; Filed by: Steiner Medical Registry, Inc., a Medical Corporation (Petitioner); As to: Christopher B. Ellison (Respondent); The Law Offices of Ellison & Associates APC (Respondent)

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  • 07/29/2019
  • DocketNotice of Hearing on Petition; Filed by: Steiner Medical Registry, Inc., a Medical Corporation (Petitioner)

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  • 07/24/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 11/21/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/24/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/18/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/18/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/18/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/18/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: Steiner Medical Registry, Inc., a Medical Corporation (Petitioner); As to: Christopher B. Ellison (Respondent); The Law Offices of Ellison & Associates APC (Respondent)

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  • 07/18/2019
  • DocketCivil Case Cover Sheet; Filed by: Steiner Medical Registry, Inc., a Medical Corporation (Petitioner); As to: Christopher B. Ellison (Respondent); The Law Offices of Ellison & Associates APC (Respondent)

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Tentative Rulings

Case Number: 19STCP03108    Hearing Date: August 13, 2020    Dept: 25

HEARING DATE:    Thu., August 13, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME Steiner Medical Registry, Inc. v. Ellison, et al.

CASE NUMBER: 19STCP03108 PET. FILED: 07-18-19

NOTICE:   OK

PROCEEDINGS    PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

MOVING PARTY:   Petitioner Steiner Medical Registry, Inc.

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD  

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Steiner Medical Registry, Inc.’s Petition to Confirm Contractual Arbitration Award is GRANTED. Judgment to be entered pursuant to the Arbitration Award in the amount of $5,500.00 principal, interest of $1,485.00, attorney’s fees of $10,746.00, and arbitration fees of $2,125.00. Proposed Judgment to be filed within ten (10) days of notice 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 11, 2020 [   ] Late [X] None

REPLY: None filed as of August 11, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On May 23, 2019, arbitrator Jeffrey H. Dasteel (the “Arbitrator”) with the American Arbitration Association Commercial Arbitration Tribunal rendered an award in favor of Petitioner Steiner Medical Registry, Inc. (“Petitioner”). (Pet., Attach. 8(c).) The arbitration award requires Respondents Christopher B. Ellison (“Ellison”) and The Law Office of Ellison and Associates, APC (“Law Office”) (collectively, “Respondents”), jointly and severally, to pay Petitioner $19,856.00, which consists of damages of $5,500.00, interest of $1,485.00, attorney’s fees of $10,746.00, administrative fees of $925.00, and arbitrator’s compensation of $1,200.00. (Id.)

On July 18, 2019, Petitioner filed the instant Petition to Confirm Contractual Arbitration Award (the “Petition”). No opposition was filed.

The Petition was initially heard on November 21, 2019. At that time, the Court found that service of this Petition by mail was insufficient, and requested supplemental papers from Petitioner demonstrating that service complied with Code of Civil Procedure section 1290.4. (11/21/19 Minute Order.) The Court continued the hearing once more on January 16, 2020 because it found that Petitioner had still not satisfied the service requirements of Section 1290.4. (1/16/20 Minute Order.) Specifically, Petitioner’s proofs of service demonstrated that several personal service attempts were made at a private commercial mailbox and thereafter left with the person in charge of the commercial mailbox service. (Id.) However, the Court noted there was no explanation as to why the commercial mailbox service was a reasonable place to attempt personal service and found that substitute service had not been effectuated. (Id.)

On March 12, 2020, Petitioner filed two additional proofs of service demonstrating Respondents were served via substitute service at 5886 W. 75th Street, Los Angeles, CA 90045, Defendant Ellison’s home address. (3/12/20 Proofs of Service; 3/12/20 Supp. Decl., p. 2:20-23.)

  1. Legal Standard

A. Filing Requirements (CCP § 1285.4)

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.

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

At the previous hearing on January 16, 2020, the Court found that the Petition satisfied the requirements of Section 1285.4. (1/16/20 Minute Order.)

B. Service of the Arbitration Award, Petition, & Notice of Hearing, (CCP §§ 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.”

The Court previously found the service of the Arbitration Award complied with Section 1283.6. (1/16/20 Minute Order.) Petitioner’s March 12, 2020 supplemental papers demonstrate that the Petition and Notice of Hearing were served via substitute service on Defendant Ellison at his home address. Thus, Petitioner has now complied with the service requirements of Section 1290.4.

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 10days, but no more than four years after the award is served on respondents and petitioners.  (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.)

Petitioner’s supplemental papers demonstrate the Petition was filed at least 10 days but no more than four years after the Arbitration Award was served on Respondents. (3/12/20 Proofs of Service.) Thus, Sections 1288 and 1288.4 are satisfied.

D. Costs

Petitioner also seeks costs. (Pet., ¶ 10(e).) Costs are permitted on a petition to confirm an arbitration award. (Code Civ. Proc., § 1293.2; MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Petitioner filed a memorandum of costs on December 11, 2019. However, the memorandum includes a request for attorney’s fees and costs that are already included in the Arbitration Award. To the extent Petitioner seeks costs for filing this Petition, it should file an amended memorandum for those costs not already awarded.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Steiner Medical Registry, Inc.’s Petition to Confirm Contractual Arbitration Award is GRANTED. Judgment to be entered pursuant to the Arbitration Award in the amount of $5,500.00 principal, interest of $1,485.00, attorney’s fees of $10,746.00, and arbitration fees of $2,125.00. Proposed Judgment to be filed within ten (10) days of notice of this order.

Moving party is ordered to give notice.

Case Number: 19STCP03108    Hearing Date: January 16, 2020    Dept: 94

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Steiner Medical Registry, Inc.’s Petition to Confirm Arbitration Award is CONTINUED TO APRIL 16, 2020 AT 10:30 AM IN DEPARTMENT 94.

SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award.

RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award.

ANALYSIS:

On May 23, 2019, an arbitrator issued an Arbitration Award pursuant in favor of Steiner Medical Registry, Inc. dba Expedient Medicolegal Services (“Petitioner”) and against Christopher B. Ellison and The Law Office of Ellison & Associates, APC (“Respondents”). On July 18, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”).

The matter initially came for hearing on November 21, 2019, at which time the Court found Petitioner had not demonstrated that service of the Petition and notice of hearing complied with the requirements of Code of Civil Procedure section 1290.4. The Court continued the hearing to allow Petitioner to file supplemental papers demonstrating compliance with Code of Civil Procedure section 1290.4. Petitioner filed supplemental papers and proofs of service on December 11, 2019. 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 Respondents “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 court now considers whether Petitioner’s supplemental papers demonstrate compliance with the service requirements. First, Petitioner contends that the initial service of the Petition and Notice of Hearing by mail satisfies the terms of the arbitration agreement, which is to be conducted in accordance with the rules of the American Arbitration Association. (Supp. Pet., Attachment 4(b), ¶13.) Petitioner then refers to rule R-49 of the AAA Rules, which provides for “Delivery of Award to Parties. Parties shall accept as notice and delivery of the award the placed of the award or a true and correct copy thereof in the mail addressed to the parties or their representatives at their last known addresses, personal or electronic service ….” (Id. at Attachment 4(c) (emphasis added.) But Petitioner offers no authority as to how a rule regarding service of the award can be construed to apply to service of the Petition and Notice of Hearing. Indeed, such a construction would go against the express language of Code of Civil Procedure section 1290.4, which provides that “[i]f the arbitration agreement does not provide the manner in which such service [of the petition and notice] 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).) As Petitioner has not shown that service of the Petition and Notice of Hearing is addressed in the arbitration award or the Rules under which the arbitration was conducted, service must comply be made in the manner provided by law for the service of summons.

Petitioner also filed proof of substitute service with attendant declarations of diligence. The proofs of service indicate that the attempts at personal service were made at a private commercial mail box, and thereafter left with the person in charge of the commercial mail box service. The Court is concerned that this is inadequate. There is no explanation why the commercial mail box service was a reasonable place to attempt to personally serve Respondents. Personal service is typically effectuated at a person’s residence or office because he or she spends a significant amount of time at those locations. This is not true for a commercial mail box service. Indeed, the first time personal service was “attempted” at the commercial mail box service, the mail box service was closed. So there was no reason for Respondents to be present at that location at that time. Barring an explanation from Petitioner regarding how these attempts at personal service satisfy the reasonable diligence requirement, the Court does not find that substitute service has been effectuated.

Petitioner, therefore, has not demonstrated compliance with the requirements of Code of Civil Procedure, section 1290.4. As a result, the Court lacks personal jurisdiction over Respondents. (Abers v. Rohrs (2013) 217 Cal.App.4th 1199, 1206 (explaining that “[p]roper service of process of a petition or complaint is the means by which a court obtains personal jurisdiction over a party.”))

Service of the Arbitration Award (CCP §§ 1283.6, 1288)

The Petition does demonstrate service of the arbitration award, as required by Code of Civil Procedure section 1283.6, as it was mail served with the instant Petition. (Proof of Service, filed 7/29/19.) Under Code of Civil Procedure section 1288, however, a petition to confirm arbitration must be filed and served no more than four years after the award was served. Here, the Petition was timely filed. But as Petitioner still has not demonstrated proper service of the Petition, the Court cannot find that the requirements of Code of Civil Procedure, section 1288 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. (Petition, ¶4 and Attachment 4(B).) It also sets forth the name of the Arbitrator (Jeffrey H. Dasteel, Esq.) and attaches a copy of the Award to the Petition. (Petition, Attachment 8(c).) The Petition demonstrates that on May 23, 2019, the arbitrator issued an award requiring Respondent to pay Petitioner $19,856.00. Accordingly, Petitioner has complied with the requirements of Code of Civil Procedure, section 1285.4.

Costs

To the extent Petitioner requests costs, 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 is to file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700.

Conclusion

Based on the foregoing, the hearing on the Petition to Confirm Arbitration Award is CONTINUED ONE MORE TIME TO APRIL 16, 2020 AT 10:30 AM IN DEPARTMENT 94. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS DISCUSSED ABOVE. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.

Case Number: 19STCP03108    Hearing Date: November 21, 2019    Dept: 94

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Steiner Medical Registry, Inc.’s Petition to Confirm Arbitration Award is CONTINUED TO JANUARY 16, 2020 AT 10:30 AM IN DEPARTMENT 94.

ANALYSIS:

On May 23, 2019, an arbitrator issued an Arbitration Award pursuant in favor of Steiner Medical Registry, Inc. dba Expedient Medicolegal Services (“Petitioner”) and against Christopher B. Ellison and The Law Office of Ellison & Associates, APC (“Respondents”). On July 18, 2019, 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 Respondents “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).)

Petitioner filed proof of service demonstrating service of the Petition and notice of hearing on Respondent on July 26, 2019, by mail. As the arbitration agreement is not attached to the Petition, the Court cannot determine whether it provides for a particular method of service. Otherwise, service must comply with the requirements for service of a summons. Service by regular mail does not satisfy the requirements for service of a summons. (Code Civ. Proc., § 415.10, et seq.)

Petitioner, therefore, has not demonstrated compliance with the requirements of Code of Civil Procedure, section 1290.4

Service of the Arbitration Award (CCP §§ 1283.6, 1288)

The Petition does demonstrate service of the arbitration award, as required by Code of Civil Procedure section 1283.6, as it was mail served with the instant Petition. (Proof of Service, filed 7/29/19.) Under Code of Civil Procedure section 1288, however, a petition to confirm arbitration must be filed and served no more than four years after the award was served. Here, the Petition was timely filed. But as Petitioner has not demonstrated proper service of the Petition, the Court cannot find that the requirements of Code of Civil Procedure, section 1288 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:

  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. (Petition, ¶4 and Attachment 4(B).) It also sets forth the name of the Arbitrator (Jeffrey H. Dasteel, Esq.) and attaches a copy of the Award to the Petition. (Petition, Attachment 8(c).) The Petition demonstrates that on May 23, 2019, the arbitrator issued an award requiring Respondent to pay Petitioner $19,856.00. Accordingly, Petitioner has complied with the requirements of Code of Civil Procedure, section 1285.4.

Costs

To the extent Petitioner requests costs, 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 is to file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700.

Conclusion

Based on the foregoing, the hearing on the Petition to Confirm Arbitration Award is CONTINUED TO JANUARY 16, 2020 AT 10:30 AM IN DEPARTMENT 94. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS ADDRESSING THE DEFECTS DISCUSSED ABOVE. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.