VICTORIA RAU VS SYMON PRODUCTIONS, INC.

Tentative Rulings

Case Number: 19STCP02971    Hearing Date: January 08, 2020    Dept: 94

Petitioner Victoria Rau’s Petition to Confirm of Arbitration Award is PLACED OFF CALENDAR.

ANALYSIS:

I. Background & Discussion

On February 21, 2019, an arbitrator issued an Amended Award in favor of Plaintiff Victoria Rau (“Petitioner”) and against Defendant Symon Productions, Inc. (“Respondent”). On July 10, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). A hearing on the Petition was scheduled for November 13, 2019. To date, no response has been filed.

On November 13, 2019, the Court issued continued the hearing on the Petition to January 8, 2020 due to lack of statutory notice with respect to the Petition. (11/13/19 Minute Order.) Specifically, the Court noted Petitioner did not comply with Code of Civil Procedure section 1290.4 because she did not file a proof of service demonstrating service of the Petition and Notice on Respondent and did not demonstrate what method of service was appropriate as no copy of the Arbitration Agreement was attached. (Id.) Petitioner also failed to comply with Code of Civil Procedure, sections 1283.6 and 1288 because she did not include a proof of service demonstrating the Amended Award was served by the arbitrator. (Id.) The Court ordered Petitioner to file supplemental papers correcting these deficiencies at least 16 days prior to the new hearing and warned that failure to do so could result in the Petition being placed off calendar or denied. (Id.)

To date, no supplemental papers have been filed. Because Petitioner has failed to submit the requested papers, the Petition is PLACED OFF CALENDAR. II. Conclusion & Order  

For the foregoing reasons, the Petition to Confirm Arbitration Award is PLACED OFF CALENDAR.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Case Number: 19STCP02971    Hearing Date: November 13, 2019    Dept: 94

Rau v. Symon Productions, Inc., et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Victoria Rau’s Petition to Confirm Arbitration Award is CONTINUED TO JANUARY 8, 2020 AT 10:30 AM IN DEPARTMENT 94.

ANALYSIS:

On February 21, 2019, an arbitrator issued an Amended Arbitration Award in favor of Victoria Rau (“Petitioner”) and against Symon Productions, Inc. (“Respondent”). On July 10, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no response has been filed.

I. 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.”

II. Discussion

a. 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 has not filed proof of service demonstrating service of the Petition and Notice of Hearing on Respondent. Nor has Petitioner demonstrated what method of service is acceptable under the Arbitration Agreement, as no copy of the Agreement is attached to the Petition. If the Agreement does not address service, the Petition and Notice of Hearing must be served in a manner as allowed for service of a summons.

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

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

There is no evidence that the arbitration award was served on either party, as required by Code of Civil Procedure section 1283.6. (Pet., Attachment 8(c), p. 18.) Under Code of Civil Procedure section 1288, a petition to confirm arbitration must be filed and served no more than four years after the award was served. While the Petition was timely filed on July 10, 2019, to date Petitioner has not demonstrated proper service of the Petition. No proof of service is attached to the Petition demonstrating that the Amended Award was served by the arbitrator. Nor does it appear that the Amended Award was served with the Petition. As noted above, Petitioner has not demonstrated service of the Petition and its attachments. Therefore, the Court cannot find that the requirements of Code of Civil Procedure, sections 1283.6 or 1288 have been satisfied.

c. 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.) It also sets forth the name of the Arbitrator (Mark Fleischer, Esq.) and attaches a copy of the Award to the Petition. (Petition, Attachment 8(c).) The Petition demonstrates that on February 21, 2019, the arbitrator issued an Amended Award requiring Respondent to pay Petitioner $7,000.00 pursuant to a statutory offer to compromise. (Id. at Attachment 8(c).) Accordingly, Petitioner has complied with the requirements of Code of Civil Procedure, section 1285.4.

III. Conclusion

Based on the lack of statutory notice with respect to the Petition, Notice of Hearing and Arbitration Award, the Petition to Confirm Arbitration Award is CONTINUED TO JANUARY 8, 2020 AT 10:30 AM IN DEPARTMENT 94. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE SUPPLEMENTAL PAPERS CORRECTING THE DEFICIENCIES DISCUSSED HEREIN. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Court clerk to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.