This case was last updated from Los Angeles County Superior Courts on 10/17/2016 at 22:17:14 (UTC).

MALIBU REAL ESTATE PROPERTY HOLDINGS VS RTC DESIGN & BUILD,

Case Summary

On 08/16/2016 MALIBU REAL ESTATE PROPERTY HOLDINGS filed an Other lawsuit against RTC DESIGN BUILD. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judge overseeing this case is MITCHELL L. BECKLOFF. The case status is Disposed - Dismissed.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ****6602

  • Filing Date:

    08/16/2016

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Other

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MITCHELL L. BECKLOFF

 

Party Details

Plaintiff

MALIBU REAL ESTATE PROPERTY HOLDING INC.

Defendants

RTC DESIGN & DESIGN BUILD INC.

CIOTTI RICHARD

Attorney/Law Firm Details

Plaintiff Attorneys

BREMER WHYTE BROWN & O'MEARA

KAPLAN JONATHAN A.

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 09/22/2016
  • Order (PERMITTING ADR SERVICES, INC.'S JURISDITION TO ADMINISTER ARBITRATION PROCEEDINGS; ) Filed by Attorney for Petitioner

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  • 09/13/2016
  • Amended Notice (PETITION FOR AN ORDER 9-27-16 8:30 AM DEPT M ) Filed by Attorney for Petitioner

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  • 09/09/2016
  • Proof-Service/Summons Filed by Attorney for Plaintiff

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  • 08/16/2016
  • Declaration (of Jonathan A. Kaplan ) Filed by Attorney for Plaintiff

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  • 08/16/2016
  • Complaint Filed

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Tentative Rulings

Case Number: SS026602    Hearing Date: July 28, 2020    Dept: M

CASE NAME: Malibu Real Estate Property Holdings v. RTC Design & Build

CASE NO.: SS026602

MOTION: Petition to confirm arbitration award (unopposed)

Background

On June 2, 2015, Petitioner Malibu Real Estate Property Holdings (“Petitioner”) and RTC Design & Build, Inc. (“RTC”) entered into a contract for the development and construction of real property at 23401 Malibu Colony Road, Malibu, CA 90265. After a dispute arose alleging breach of contract, negligence, breach of express and implied warranties, intentional misrepresentation and negligent misrepresentation, Petitioner initiated arbitration proceedings against RTC. On September 22, 2016, this Court granted an order permitting ADR Services, Inc. to administer the arbitration proceedings. (See Ex. C. to Motion.) After arbitration, the arbitrator found in favor of Petitioner against RTC in the amount of $829,235.09, plus reasonable attorney’s fees in the amount of $122,525.00 and $39,172.50 in costs. The total award was for $990,932.59. (Ex. D.)

Legal standard

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc., §1285.) The petition must “(a) [s]et 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. [and] (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 must also “name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) A petition to confirm an award must be served and filed within four years after the date the petitioner was served with a signed copy of the award. (Code Civ. Proc., § 1288.)

“A response to a petition under this chapter may request the court to dismiss the petition or to confirm, correct or vacate the award.” (Code Civ. Proc., § 1285.2.) A response shall, “[u]nless a copy thereof is set forth in or attached to the petition . . .(a) [s]et forth the substance of or have attached a copy of the agreement to arbitrate unless the respondent denies the existence of such an agreement[;] (b) [s]et forth the names of the arbitrators[;] [or] (c) [s]et forth or have attached a copy of the award and the written opinion of the arbitrators, if any.” (Code Civ. Proc., § 1285.6 [emphasis added].) “A response shall be served and filed within 10 days after service of the petition except that if the petition is served in the manner provided in paragraph (2) of subdivision (b) of Section 1290.4, the response shall be served and filed within 30 days after service of the petition. The time provided in this section for serving and filing a response may be extended by an agreement in writing between the parties to the court proceeding or, for good cause, by order of the court.” (Code Civ. Proc., § 1290.6.)

When a petition to confirm an award is filed, the superior court has four courses of conduct available: to confirm the award, to correct and confirm it, to vacate it, or to dismiss the petition. (Cooper v. Lavely & Singer Professional Corp. (2014) 230 Cal.App.4th 1, 10.) Arbitration awards are subject to very limited judicial review, and the merits of the controversy are not reviewable on a petition to confirm, vacate, or correct. (Cinel v. Christopher (2012) 203 Cal.App.4th 759, fn 5.)

“If an award is confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification; and it may be enforced like any other judgment of the court in which it is entered, in an action of the same jurisdictional classification.” (Code Civ. Proc., § 1287.4.)

Analysis

This petition is timely. Petitioner Malibu Real Estate Property Holdings, Inc. seeks to confirm the final arbitration award of February 2, 2018, finding it the prevailing party and awarding it a total of $990,932.59. The arbitration was conducted by the Honorable James P. Gray (Ret.) on January 29, 2018 and on February 2, 2018. (See Pet.) Counsel for Petitioner provides evidence that the arbitration award was served on all of the parties on the same day. (See Kaplan Decl. ¶ 6.)

The agreement containing the arbitration clause is attached. (See Ex. A at ¶ 16.16.) A copy of the award is also attached to the motion. (Ex. D.) Since the petition is unopposed and is meritorious, the court grants the petition to confirm the arbitration award.

Petitioner also seeks prejudgment interest, costs, and attorney’s fees incurred in confirming the arbitration award. “The arbitration award was the contractual equivalent of a judgment in [Petitioner’s] favor. In the context of a judicial judgment, it is clear that interest after judgment accrues as to the entire award, including attorney fees. (See 8 Witkin, Cal. Procedure (3d ed. 1985) Enforcement of Judgments, § 40(d), p. 58.)” (Britz, Inc. v. Alfa-Laval Food & Dairy Co. As of February 8, 2018, Petitioner is also entitled to prejudgment interest in the amount of 10 percent per year on the entire arbitration award.

Petitioner argues that Petitioner is also entitled to attorney’s fees and costs associated with bringing this petition but does not state what, if any costs or fees were incurred. “The court shall award costs upon any judicial proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this code.” (Code Civ. Proc., § 1293.2.) “Section 1033.5, part of chapter 6 of the Code of Civil Procedure, provides that items recoverable as costs include attorney fees when authorized by contract. (§ 1033.5, subd. (a)(10)(A).) The judicial proceedings covered by this provision include petitions to confirm or vacate an arbitration award. (§ 1285.)” (Marcus & Millichap Real Estate Investment Brokerage Co. v. Woodman Investment Group (2005) 129 Cal.App.4th 508, 513.) The contract contains an attorney’s fees provision. (See D. ¶ 16.15.) On July 24, 2020, petitioner filed a declaration setting forth evidence of the attorney’s fees and costs, and therefore, they will be awarded.

Finally, “[i]f an [arbitration] award is confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification; and it may be enforced like any other judgment of the court in which it is entered, in an action of the same jurisdictional classification.” (Code Civ. Proc., § 1287.4.)

The Court grants the petition to confirm the arbitration award. Since the Court has confirmed the award, the Court enters judgment in conformity with the award as follows: (1) the award of $990,932.59; (2) accrued interest in the amount of $239,475.35; (3) reasonable attorney’s fees in the amount of $8,567.50; and (4) costs of $257.15, for a total of $1,239,232.59.

Case Number: SS026602    Hearing Date: July 22, 2020    Dept: M

CASE NAME: Malibu Real Estate Property Holdings v. RTC Design & Build

CASE NO.: SS026602

MOTION: Petition to confirm arbitration award (unopposed)

Background

On June 2, 2015, Petitioner Malibu Real Estate Property Holdings (“Petitioner”) and RTC Design & Build, Inc. (“RTC”) entered into a contract for the development and construction of real property at 23401 Malibu Colony Road, Malibu, CA 90265. After a dispute arose alleging breach of contract, negligence, breach of express and implied warranties, intentional misrepresentation and negligent misrepresentation, Petitioner initiated arbitration proceedings against RTC. On September 22, 2016, this Court granted an order permitting ADR Services, Inc. to administer the arbitration proceedings. (See Ex. C. to Motion.) After arbitration, the arbitrator found in favor of Petitioner against RTC in the amount of $829,235.09, plus reasonable attorney’s fees in the amount of $122,525.00 and $39,172.50 in costs. The total award was for $990,932.59. (Ex. D.)

Legal standard

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc., §1285.) The petition must “(a) [s]et 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. [and] (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 must also “name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) A petition to confirm an award must be served and filed within four years after the date the petitioner was served with a signed copy of the award. (Code Civ. Proc., § 1288.)

“A response to a petition under this chapter may request the court to dismiss the petition or to confirm, correct or vacate the award.” (Code Civ. Proc., § 1285.2.) A response shall, “[u]nless a copy thereof is set forth in or attached to the petition . . .(a) [s]et forth the substance of or have attached a copy of the agreement to arbitrate unless the respondent denies the existence of such an agreement[;] (b) [s]et forth the names of the arbitrators[;] [or] (c) [s]et forth or have attached a copy of the award and the written opinion of the arbitrators, if any.” (Code Civ. Proc., § 1285.6 [emphasis added].) “A response shall be served and filed within 10 days after service of the petition except that if the petition is served in the manner provided in paragraph (2) of subdivision (b) of Section 1290.4, the response shall be served and filed within 30 days after service of the petition. The time provided in this section for serving and filing a response may be extended by an agreement in writing between the parties to the court proceeding or, for good cause, by order of the court.” (Code Civ. Proc., § 1290.6.)

When a petition to confirm an award is filed, the superior court has four courses of conduct available: to confirm the award, to correct and confirm it, to vacate it, or to dismiss the petition. (Cooper v. Lavely & Singer Professional Corp. (2014) 230 Cal.App.4th 1, 10.) Arbitration awards are subject to very limited judicial review, and the merits of the controversy are not reviewable on a petition to confirm, vacate, or correct. (Cinel v. Christopher (2012) 203 Cal.App.4th 759, fn 5.)

“If an award is confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification; and it may be enforced like any other judgment of the court in which it is entered, in an action of the same jurisdictional classification.” (Code Civ. Proc., § 1287.4.)

Analysis

This petition is timely. Petitioner Malibu Real Estate Property Holdings, Inc. seeks to confirm the final arbitration award of February 2, 2018, finding it the prevailing party and awarding it a total of $990,932.59. The arbitration was conducted by the Honorable James P. Gray (Ret.) on January 29, 2018 and on February 2, 2018. (See Pet.) Counsel for Petitioner provides evidence that the arbitration award was served on all of the parties on the same day. (See Kaplan Decl. ¶ 6.)

The agreement containing the arbitration clause is attached. (See Ex. A at ¶ 16.16.) A copy of the award is also attached to the motion. (Ex. D.) Since the petition is unopposed and is meritorious, the court grants the petition to confirm the arbitration award.

Petitioner also seeks prejudgment interest, costs, and attorney’s fees incurred in confirming the arbitration award. “The arbitration award was the contractual equivalent of a judgment in [Petitioner’s] favor. In the context of a judicial judgment, it is clear that interest after judgment accrues as to the entire award, including attorney fees. (See 8 Witkin, Cal. Procedure (3d ed. 1985) Enforcement of Judgments, § 40(d), p. 58.)” (Britz, Inc. v. Alfa-Laval Food & Dairy Co. As of February 8, 2018, Petitioner is also entitled to prejudgment interest in the amount of 10 percent per year on the entire arbitration award.

Petitioner argues that Petitioner is also entitled to attorney’s fees and costs associated with bringing this petition but does not state what, if any costs or fees were incurred. “The court shall award costs upon any judicial proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this code.” (Code Civ. Proc., § 1293.2.) “Section 1033.5, part of chapter 6 of the Code of Civil Procedure, provides that items recoverable as costs include attorney fees when authorized by contract. (§ 1033.5, subd. (a)(10)(A).) The judicial proceedings covered by this provision include petitions to confirm or vacate an arbitration award. (§ 1285.)” (Marcus & Millichap Real Estate Investment Brokerage Co. v. Woodman Investment Group (2005) 129 Cal.App.4th 508, 513.) The contract contains an attorney’s fees provision. (See D. ¶ 16.15.) While the Court agrees that petitioner is entitled to attorney’s fees and costs, Petitioner must provide the Court with evidence of attorney’s fees and costs incurred. Since Petitioner has not provided evidence of attorney’s fees or costs, the request for attorney’s fees and costs are tentatively denied.

Finally, “[i]f an [arbitration] award is confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification; and it may be enforced like any other judgment of the court in which it is entered, in an action of the same jurisdictional classification.” (Code Civ. Proc., § 1287.4.)

The Court granted the petition to confirm the arbitration award. Since the Court has confirmed the award, the Court enters judgment in conformity with the award.

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