This case was last updated from Los Angeles County Superior Courts on 10/10/2020 at 09:52:42 (UTC).

WILLIAM C PRICE VS REGINA MCPHAIL

Case Summary

On 06/14/2019 WILLIAM C PRICE filed an Other - Arbitration lawsuit against REGINA MCPHAIL. 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 Disposed - Other Disposed.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    *******2437

  • Filing Date:

    06/14/2019

  • Case Status:

    Disposed - Other Disposed

  • 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

PRICE WILLIAM C

Respondent

MCPHAIL REGINA

Attorney/Law Firm Details

Petitioner Attorney

PRICE WILLIAM

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 09/04/2020
  • DocketMemorandum of Costs (Summary); Filed by: William C Price (Petitioner); As to: Regina McPhail (Respondent); Total Costs: 914.74

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  • 08/10/2020
  • DocketUpdated -- Judgment Judgment Confirming Attorney-Client Fee Award: Filed By: William C Price (Petitioner); Result: Granted; Result Date: 08/10/2020

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  • 08/10/2020
  • DocketUpdated -- Judgment Judgment Confirming Attorney-Client Fee Award: Status Date changed from 07/08/2020 to 08/10/2020; Result Date changed from 08/10/2020 to 08/10/2020; As To Parties changed from Regina McPhail (Respondent) to Regina McPhail (Respondent)

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  • 07/02/2020
  • DocketNotice of Ruling; Filed by: William C Price (Petitioner)

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  • 07/02/2020
  • DocketMinute Order (Hearing on Petition To Confirm Arbitration Award)

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  • 07/02/2020
  • DocketHearing on Petition To Confirm Arbitration Award scheduled for 07/02/2020 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/02/2020; Result Type to Held - Motion Granted

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  • 06/16/2020
  • DocketProof of Service by Mail; Filed by: William C Price (Petitioner); As to: Regina McPhail (Respondent)

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  • 06/01/2020
  • DocketNotice of Continuance; Filed by: William C Price (Petitioner); As to: Regina McPhail (Respondent)

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  • 05/21/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/21/2020
  • DocketOn the Court's own motion, Hearing on Petition To Confirm Arbitration Award scheduled for 07/02/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Rescheduled by Court was rescheduled to 07/02/2020 09:30 AM

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20 More Docket Entries
  • 08/29/2019
  • DocketOther - Case to Vacate Arbitration; Filed by: Regina McPhail (Respondent)

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  • 08/29/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Regina McPhail (Respondent)

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  • 07/17/2019
  • DocketProof of Service (not Summons and Complaint); Filed by: William C Price (Petitioner); As to: Regina McPhail (Respondent)

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  • 06/18/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/18/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/18/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/14/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/14/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/14/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 06/14/2019
  • DocketCivil Case Cover Sheet; Filed by: William C Price (Petitioner); As to: Regina McPhail (Respondent)

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  • 06/14/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: William C Price (Petitioner); As to: Regina McPhail (Respondent)

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Tentative Rulings

Case Number: 19STCP02437    Hearing Date: July 02, 2020    Dept: 25

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285 et seq.)

TENTATIVE RULING:

Petitioner William C. Price’s Petition to Confirm Attorney-Fee Arbitration Award is GRANTED.

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 June 30, 2020 [   ] Late [X] None

REPLY: None filed as of June 30, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On June 14, 2019, Petitioner William C. Price (“Petitioner”) filed the instant Petition to Confirm Attorney-Fee Arbitration Award (the “Petition”) against Respondent Regina McPhail (“Respondent”).

On August 29, 2019, Respondent filed a Case to Vacate Arbitration, in pro per, which appears to be a petition to vacate the arbitration award. However, this was not scheduled for hearing and Respondent did not file a proof of service demonstrating it was properly served on Petitioner.

The matter was initially set for hearing for October 15, 2019, but was continued to January 9, 2020. On December 20, 2019, Petitioner filed a supplemental declaration. At the January 9, 2020 hearing, Petitioner did not appear. (1/9/20 Minute Order.) After hearing oral argument from Respondent, the Court took the matter under submission. (Id.)

On February 27, 2020, the Court found that, although Petitioner had served Respondent with the Petition and initial notice of hearing, he did not file a proof of service demonstrating he served notice of the continued hearing date. (2/27 Minute Order.) For this reason, the Court continued the hearing to April 2, 2020. (Id.)

On March 20, 2020, the Court, on its own motion, continued the hearing to July 2, 2020 at 10:30 a.m., and on May 21, 2020, the Court changed the hearing time to 9:30 a.m. (3/20/20 Notice re Continuance; 5/21/20 Notice re Continuance.)

To date, no opposition to the Petition has been filed.

  1. 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.”  (EHM Productions, supra, at p. 1063-64.)

  1. Discussion

A. Filing Requirements (Code Civ. Proc., § 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, the Court found the Petition complied with the above requirements. (2/27/20 Minute Order.) Specifically, it found that the Petition set forth the nature of the agreement to arbitrate and the name of the neutral arbitrator. (Id.) The Petition also attached a copy of the arbitration award, which requires Respondent to pay Petitioner $8,102.20 plus interest of ten (10) percent from the 30th day after the date of service of the award (the “Arbitration Award”). (Id.; Pet., Exh. 6(c).)

B. Service of the Arbitration Award, Petition, and Notice of Hearing (Code Civ. Proc., §§ 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.

In addition, 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.  (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.)

The Court previously found the Petition demonstrated service of the Arbitration Award as required by Code of Civil Procedure section 1283.6, that the Arbitration Award was served by mail on both parties on May 10, 2019, and that this Petition was timely filed and served less than four years after the Award was served. (2/27/19 Minute Order; 12/20/19 Price Decl., ¶ 4, Exh. A.)

, the Court continued this hearing due to Petitioner’s failure to give Respondent notice of a continuance(2/27/20 Minute Order.) On June 1, 2020, Petitioner filed a proof of service demonstrating he served notice of the most recent continuance on Respondent via certified mail, return receipt requested. (6/1/20 Notice of Continuance; 6/16/20 Proof of Receipt of Notice of Continuance.)    

 

Thus, Petitioner has now satisfied sections 1283.6, 1288, and 1288.4.

  1. Conclusion & Order

For the foregoing reasons, Petitioner William C. Price’s Petition to Confirm Attorney-Fee Arbitration Award is GRANTED.

Moving party is ordered to give notice.

Case Number: 19STCP02437    Hearing Date: January 09, 2020    Dept: 94

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner William Price Darren’s Petition to Confirm Arbitration Award is CONTINUED TO MARCH 12, 2020 AT 10:30 AM IN DEPARTMENT 94.

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

OPPOSITION: The arbitration award should be vacated because Petitioner has been harassing Respondent and refuses to provide her with the entire case file. 

REPLY: Respondent did not serve her motion to vacate on Petitioner, therefore, the motion to vacate must be struck.

ANALYSIS:

On June 14, 2019, William C. Price, Esq. (“Petitioner” filed the instant Petition to Confirm Arbitration Award (“the Petition”) against Regina J. McPhail (“Respondent”). On August 29, 2019, Respondent filed a “Case to Vacate Arbitration”). The Petition was initially set for hearing on October 15, 2019, then continued prior to the hearing to January 9, 2020. On December 20, 2019, Petitioner filed a supplemental declaration.

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 personal service of the Petition and the initial notice of hearing on Respondent. However, no proof of service of the continued hearing date has been filed. The Notice Re: Continuance of Hearing and Order instructed Petitioner to give notice of the new hearing date and to file proof of service of such notice forthwith.  The Court, therefore, cannot find that service of the notice of complies with the statutory requirements of Code of Civil Procedure, section 1290.4.

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

Petitioner’s supplemental declaration demonstrates service of the arbitration award as required by Code of Civil Procedure section 1283.6. The Award was served by mail to Respondent on May 10, 2019. (Pet., Price Decl., Exh. A.) This satisfies Code of Civil Procedure section 1283.6.

Also, 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. Here, the Petition has been shown to be timely filed and served less than four years after May 10, 2019.

Therefore, the Court finds that the requirements of Code of Civil Procedure, sections 1283.6 and 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.) It also sets forth the name of the Arbitrator (Mitch. S. McKay) and attaches a copy of the Award to the Petition. (Petition, Attachment 6(c).) The Petition demonstrates that on May 10, 2019, the arbitrator issued an award requiring Respondent to pay Petitioner $8,102.20, plus interest of ten (10) percent per annum from the 30th day after the date of service of the Award (June 9, 2019). Accordingly, Petitioner has complied with the requirements of Code of Civil Procedure, section 1285.4.

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is CONTINUED TO MARCH 12, 2020 AT 10:30 AM IN DEPARTMENT 94. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE PROOF OF SERVICE DEMONSTRATING SERVICE OF THE CONTINUED HEARING DATE ON RESPONDENT. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.