This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 00:17:39 (UTC).

STEVE M ENGLEBRECHT VS BRIARWOOD BUILDERS INC.

Case Summary

On 04/10/2019 a Other - Arbitration case was filed by STEVE M ENGLEBRECHT against BRIARWOOD BUILDERS INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1153

  • Filing Date:

    04/10/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

WENDY CHANG

 

Party Details

Petitioner

ENGLEBRECHT STEVE M

Respondent

BRIARWOOD BUILDERS INC.

 

Court Documents

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

7/19/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Personal Service - Proof of Personal Service

5/7/2019: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

4/10/2019: First Amended Standing Order - First Amended Standing Order

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

4/10/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Civil Case Cover Sheet - Civil Case Cover Sheet

4/10/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

4/10/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

4/10/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 09/25/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 07/19/2019
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 08/14/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Court's Motion was rescheduled to 09/25/2019 08:30 AM

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  • 07/19/2019
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/07/2019
  • DocketProof of Personal Service; Filed by: STEVE M ENGLEBRECHT (Petitioner); As to: BRIARWOOD BUILDERS INC. (Respondent); Service Date: 04/23/2019; Service Cost: 75.00; Service Cost Waived: No

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  • 04/11/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 08/14/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/11/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/10/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: STEVE M ENGLEBRECHT (Petitioner); As to: BRIARWOOD BUILDERS INC. (Respondent)

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  • 04/10/2019
  • DocketCivil Case Cover Sheet; Filed by: STEVE M ENGLEBRECHT (Petitioner); As to: BRIARWOOD BUILDERS INC. (Respondent)

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  • 04/10/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 04/10/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/10/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP01153    Hearing Date: December 16, 2019    Dept: 94

Englebrecht v. Briarwood, et al.

PETITION TO CONFIRM ARBITRATION

(CCP § 1285)

TENTATIVE RULING:

Petitioner Steve M. Englebrecht’s Petition to Confirm Arbitration Award is GRANTED.  JUDGMENT TO BE ENTERED IN THE AMOUNT OF $18,001.50.

ANALYSIS:

I. Discussion

On February 8, 2019, an arbitrator from the American Arbitration Association (“AAA”) issued an Arbitration Award in favor of Petitioner Steve M. Englebrecht (“Petitioner”) and against Respondent Briarwood Builder, Inc. (“Respondent”) in the sum of $18,001.50.  Petitioner then brought the instant Petition to Confirm the Arbitration Award (the “Petition”) on April 10, 2019.  The matter initially came for hearing on September 25, 2019, then again on October 16, 2019. At the last hearing, the Court continued the matter one more time to allow Petitioner to demonstrate service of the arbitration award. Petitioner filed a supplemental declaration on October 30, 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.” (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

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.”

The Amended Proof of Service filed on October 10 shows that the Notice of Petition and Petition were served on Respondent by substitution through its agent of service. This method of service has satisfied CCP § 1290.4. Additionally, the supplemental declaration filed on October 30, 2019 demonstrates that the arbitrator served the Award on both parties on February 11, 2019. (Supp. Omar Decl., ¶4 and Exh. 1.)

Therefore, Petitioner has now also satisfied Section 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.) 

In light of the February 11, 2019 service of the Arbitration Award, the Petition was timely filed on April 10, 2019 under CCP § 1288 and § 1288.4.

To the extent Petitioner requests attorneys’ fees and costs according to proof (Pet., ¶10, subd. (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 is to file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700 and a noticed motion for attorneys’ fees pursuant to Cal. Rules of Court Rule 3.1702.

IV. Conclusion & Order

In light of the foregoing, the Petition is GRANTED. JUDGMENT TO BE ENTERED IN THE AMOUNT OF $18,001.50.

Moving