This case was last updated from Los Angeles County Superior Courts on 09/19/2019 at 00:52:19 (UTC).

VICTOR HAIRAPETIAN, ET AL. VS SILVA MORADI, ET AL.

Case Summary

On 05/14/2019 a Other - Arbitration case was filed by VICTOR HAIRAPETIAN against SILVA MORADI 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:

    *******1918

  • Filing Date:

    05/14/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Petitioners

HAIRAPETIAN VICTOR

ESQUIRE LAW FIRM INC.

Respondents

AVALON SURGERY AND ROBOTIC CENTER LLC.

MORADI SILVA

NOBILITY HEALTH INC.

 

Court Documents

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

9/17/2019: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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

9/4/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

9/4/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

9/4/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

First Amended Standing Order - First Amended Standing Order

5/14/2019: First Amended Standing Order - First Amended Standing Order

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

5/14/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Notice of Hearing on Petition - Notice of Hearing on Petition

5/14/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

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

5/14/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 09/17/2019
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 09/17/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 09/17/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 09/17/2019; Result Type to Held - Taken under Submission

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  • 09/04/2019
  • DocketProof of Service by Substituted Service; Filed by: Victor Hairapetian (Petitioner); As to: Avalon Surgery and Robotic Center LLC. (Respondent); Proof of Mailing Date: 08/06/2019; Service Cost: 60.70; Service Cost Waived: No

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  • 09/04/2019
  • DocketProof of Service by Substituted Service; Filed by: Victor Hairapetian (Petitioner); As to: Silva Moradi (Respondent); Proof of Mailing Date: 08/06/2019; Service Cost: 21.70; Service Cost Waived: No

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  • 09/04/2019
  • DocketProof of Service by Substituted Service; Filed by: Victor Hairapetian (Petitioner); As to: Nobility Health Inc. (Respondent); Proof of Mailing Date: 08/06/2019; Service Cost: 32.70; Service Cost Waived: No

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  • 05/15/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 09/17/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/15/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 05/14/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: Victor Hairapetian (Petitioner); Esquire Law Firm Inc. (Petitioner); As to: Silva Moradi (Respondent); Avalon Surgery and Robotic Center LLC. (Respondent); Nobility Health Inc. (Respondent)

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  • 05/14/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 05/14/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/14/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP01918    Hearing Date: December 05, 2019    Dept: 94

PETITION TO CONFIRM AND CORRECT ARBITRATION

(CCP § 1285)

TENTATIVE RULING:

Petitioners Victor Hairapetian and Esquire Law Firm, Inc.’s Petition to Confirm and Correct of Arbitration Award is GRANTED. JUDGMENT IS TO BE ENTERED IN FAVOR OF PETITIONERS VICTOR HAIRAPETIAN AND ESQUIRE LAW FIRM, INC. AND AGAINST RESPONDENTS SILVA MORADI, NOBILITY HEALTH, INC., AND AVALON SURGERY AND ROBOTIC CENTER, LLC IN THE AMOUNT OF $17,090.00 PRINCIPAL, $5,494.50 ATTORNEY’S FEES, AND $766.97 COSTS. ADDITIONALLY, THE AWARD IS CORRECTED AS TO THE TYPOGRAPHICAL ERROR THAT INCLUDES “SURGERY” TWICE IN RESPONDENT’S NAME.

ANALYSIS:

I. Discussion

On January 14, 2018, an arbitrator from the Glendale Bar Association issued an Arbitration Award in favor of Petitioners Victor Hairapetian and Esquire Law Firm, Inc. (collectively, “Petitioners”) and against Respondents Silva Moradi, Nobility Health, Inc., and Avalon Surgery and Robotic Center, LLC (collectively, “Respondents”) in the sum of $17,090. Petitioners then brought the instant Petition to Confirm and Correct Arbitration Award (the “Petition”) on May 14, 2019.

The Petition initially came for hearing on September 17, 2019, at which time the Court took the matter under submission. On October 9, 2019, the Court issued its ruling finding that there was no proof of when the arbitrator served the Award on Petitioner. The Court continued the hearing to December 5, 2019 and ordered Petitioner to file and serve supplemental papers addressing the defects addressed in the order. Petitioner filed a supplemental brief on October 25, 2019. 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.” (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.”

Petitioners have submitted a copy of the Arbitration Award, (Pet., Arbitration Award), the identity of the arbitrator, (Id., Item No. 4). Petitioners have also set forth the substance of the arbitration agreement. (Id., ¶2.) The requirements of Section 1285.4, therefore, have been satisfied.

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.”

Here, Petitioners have served the Notice of Petition and Petition on Respondents by substituted service in the same manner provided by law for the service of summons. (9/4/19 Proofs of Service.) Petitioners have also submitted proof that the neutral arbitration served the Arbitration Award on them and Respondents by mail, as permitted by the California State Bar Arbitration Program Rules. (Supp. Harirapetian Decl., ¶¶7-8 and Exhs. A-B.) Therefore, Petitioners have satisfied CCP §§ 1283.6 and 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 10 days, but no more than four years after the award is served on Respondents and Petitioners.  (CCP §§ 1288, 1288.4.) 

Petitioners have provided proof to show that the Arbitration Award was served on January 14, 2019. Therefore, the Petition is timely under CCP §§ 1288 and § 1288.4

IV. Attorneys’ Fees and Costs

To the extent Petitioner requests attorneys’ fees and costs, those are permitted on a petition to confirm arbitration award. (Code Civ. Proc., § 1293.2; Cal. Bus. & Profs. Code, § 6203, subd. (c); MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Petitioner requests $5,494.50 in attorneys’ fees based on 11.1 hours of attorney time billed at $495.00 per hour and $766.97 in costs. The Court finds these fees and costs to be reasonable in light of the time spent on this matter. (Supp. Harirapetian Decl., ¶¶13-16.)

V. Conclusion & Order

In light of the foregoing, the Petition to Confirm Arbitration Award is GRANTED. JUDGMENT IS TO BE ENTERED IN FAVOR OF PETITIONERS VICTOR HAIRAPETIAN AND ESQUIRE LAW FIRM, INC. AND AGAINST RESPONDENTS SILVA MORADI, NOBILITY HEALTH, INC., AND AVALON SURGERY AND ROBOTIC CENTER, LLC IN THE AMOUNT OF $17,090.00 PRINCIPAL, $5,494.50 ATTORNEY’S FEES, AND $766.97 COSTS. ADDITIONALLY, THE AWARD IS CORRECTED AS TO THE TYPOGRAPHICAL ERROR THAT INCLUDES “SURGERY” TWICE IN RESPONDENT’S NAME.

Moving party is ordered to give notice.