This case was last updated from Los Angeles County Superior Courts on 10/31/2019 at 00:08:31 (UTC).

FELIX FONTEBO ET ALVS AIRBNB INC ET AL

Case Summary

On 12/08/2017 FELIX FONTEBO VS AIRBNB INC was filed as a Personal Injury - Other Personal Injury lawsuit. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are PATRICIA D. NIETO, OKI, DAN THOMAS, GEORGINA T. RIZK, DAN THOMAS OKI and GLORIA WHITE-BROWN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6407

  • Filing Date:

    12/08/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

PATRICIA D. NIETO

OKI, DAN THOMAS

GEORGINA T. RIZK

DAN THOMAS OKI

GLORIA WHITE-BROWN

 

Party Details

Plaintiffs and Petitioners

ESTATE OF NJIEK FONTEBO

FONTEBO SALLY

FONTEBO FELIX

TAKERE NJIE

Defendants and Respondents

YUYING SHEY

AIRBNB PAYMENTS INC

DOES 1 TO 50

YONGQIAN WU

AIRBNB INC

AIRBNB PAYMENTS INC.

AIRBNB INC.

AIRBNB INC A DELAWARE CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

NSAHLAI LAW FIRM

NSAHLAI ESQ. EMMANUEL

FIRM NSAHLAI LAW

NSAHLAI EMMANUEL KONGNYUY

Defendant and Respondent Attorneys

P.K. SCHRIEFFER LLP

SCHRIEFFER PAUL K. ESQ.

SCHRIEFFER PAUL KARSTEN ESQ.

 

Court Documents

Legacy Document - LEGACY DOCUMENT TYPE: ORDER

4/26/2018: Legacy Document - LEGACY DOCUMENT TYPE: ORDER

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE OF HEARING

5/8/2018: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE OF HEARING

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE OF HEARING

5/8/2018: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE OF HEARING

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

5/10/2018: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

6/6/2018: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Notice of Ruling

6/14/2018: Notice of Ruling

Minute Order - MINUTE ORDER (STATUS CONFERENCE)

10/29/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE)

Notice of Lodging - NOTICE OF LODGING EXHIBITS TO PETITION

8/23/2019: Notice of Lodging - NOTICE OF LODGING EXHIBITS TO PETITION

Petition to Confirm Arbitration Award

8/23/2019: Petition to Confirm Arbitration Award

Minute Order - Minute order entered: 2018-06-06 00:00:00

6/6/2018: Minute Order - Minute order entered: 2018-06-06 00:00:00

Notice of Motion -

9/10/2018: Notice of Motion -

Notice of Case Reassignment and Order for Plaintiff to Give Notice

12/19/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice of Ruling

10/22/2018: Notice of Ruling

Request for Judicial Notice -

10/1/2018: Request for Judicial Notice -

Declaration - of David T. Hayek, Esq. in Support of Defendants Airbnb, Inc. and Airbnb Payments, Inc.'s Opposition to Plaintiffs' Motion to Terminate Arbitration and for Leave to File First Amended Co

10/1/2018: Declaration - of David T. Hayek, Esq. in Support of Defendants Airbnb, Inc. and Airbnb Payments, Inc.'s Opposition to Plaintiffs' Motion to Terminate Arbitration and for Leave to File First Amended Co

Reply - to opposition to motion to terminate

10/10/2018: Reply - to opposition to motion to terminate

DECLARATION OF VU HAL N. PHAN IN SUPPORT OF DEFENDANTS AIRBNB, INC. AND AIRJINB PAYMENTS INC. S MOTION TO COMPEL ARBITRATION UPON PLAINTIFFS FELIX FONTEBO, SALLY FONTEBO, NJIE TAKERE, AM) ESTATE OF NJ

3/20/2018: DECLARATION OF VU HAL N. PHAN IN SUPPORT OF DEFENDANTS AIRBNB, INC. AND AIRJINB PAYMENTS INC. S MOTION TO COMPEL ARBITRATION UPON PLAINTIFFS FELIX FONTEBO, SALLY FONTEBO, NJIE TAKERE, AM) ESTATE OF NJ

DEFENDANTS AIRBNB, INC. AND AIRBNB PAYMENTS INC.'S REPLY TO PLAINTIFFS FELIX FONTEBO, SALLY FONTEBO, NJIE TAKERE, AND ESTATE OF NJIEK FONTEBO'S OPPOSITION TO DEFENDANT'S MOTION TO COMPEL ARBITRATION A

4/19/2018: DEFENDANTS AIRBNB, INC. AND AIRBNB PAYMENTS INC.'S REPLY TO PLAINTIFFS FELIX FONTEBO, SALLY FONTEBO, NJIE TAKERE, AND ESTATE OF NJIEK FONTEBO'S OPPOSITION TO DEFENDANT'S MOTION TO COMPEL ARBITRATION A

22 More Documents Available

 

Docket Entries

  • 12/09/2019
  • Hearing12/09/2019 at 08:30 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Hearing on Motion - Other Petition) by Airbnb, Inc. and Airbnb Payments, Inc. to Confirm Arbitration Award and Enter Judgment Thereon Pursuant to 9 U.S.C. Section 9 And/Or Code of Civil Procedure Section 1285, Et. Seq.

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  • 12/09/2019
  • Hearing12/09/2019 at 08:30 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Status Conference

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  • 10/29/2019
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Status Conference - Held - Continued

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  • 10/29/2019
  • DocketMinute Order ( (Status Conference)); Filed by Clerk

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  • 08/27/2019
  • DocketProof of Service by Mail; Filed by AirBNB, Inc a Delaware California Corporation (Defendant); Airbnb Payments, Inc. (Defendant)

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  • 08/23/2019
  • DocketPetition to Confirm Arbitration Award; Filed by AirBNB, Inc a Delaware California Corporation (Defendant); Airbnb Payments, Inc. (Defendant)

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  • 08/23/2019
  • DocketRequest for Judicial Notice; Filed by AirBNB, Inc a Delaware California Corporation (Defendant); Airbnb Payments, Inc. (Defendant)

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  • 08/23/2019
  • DocketProof of Personal Service; Filed by AirBNB, Inc a Delaware California Corporation (Defendant); Airbnb Payments, Inc. (Defendant)

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  • 08/23/2019
  • DocketNotice of Lodging (Exhibits To Petition); Filed by AirBNB, Inc a Delaware California Corporation (Defendant); Airbnb Payments, Inc. (Defendant)

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  • 12/19/2018
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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41 More Docket Entries
  • 03/20/2018
  • DocketDeclaration (OF VU HAI N. PHAN IN SUPPORT OF DEFTS AIRBNB, INC. AND AIRBNB PAYMENTS INC.'S MTC ARBITRATION UPON PLTFS AND STAY PROCEEDINGS ); Filed by Attorney for Defendant/Respondent

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  • 03/20/2018
  • DocketDeclaration (OF KYLE MILLER IN SUPPORT OF DEFT AIRBNB, INC. AND AIRBNB PYMTS INC.'S MTC ARBITRATION UPON PLTFS AND STAY PROCEEDINGS ); Filed by Attorney for Defendant/Respondent

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  • 03/20/2018
  • DocketPROOF OF SERVICE OF NOTICE OF MOTION AND MOTION OF DEFENDANTS AIRBNB, INC. AND AIRBNB PAYMENTS INC. TO COMPEL ARBITRATION UPON PLAINTIFFS FELIX FONTEBO, SALLY FONTEBO, NJIE TAKERE, AND ESTATE OF NJIEK FONTEBO AND STAY PROCEEDINGS; MEMORANDUM OF POINTS AND

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  • 03/20/2018
  • DocketProof of Service (not Summons and Complaint); Filed by AirBNB, Inc a Delaware California Corporation (Defendant); Airbnb Payments, Inc. (Defendant)

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  • 03/20/2018
  • DocketDeclaration; Filed by AirBNB, Inc a Delaware California Corporation (Defendant); Airbnb Payments, Inc. (Defendant)

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  • 03/20/2018
  • DocketDeclaration; Filed by AirBNB, Inc a Delaware California Corporation (Defendant); Airbnb Payments, Inc. (Defendant)

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  • 12/08/2017
  • DocketComplaint

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  • 12/08/2017
  • DocketSUMMONS

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  • 12/08/2017
  • DocketCOMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF 1. FOR BREACH OF FIDUCIARY DUTY; 2. FOR NEGLIGENCE; ETC

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  • 12/08/2017
  • DocketComplaint; Filed by Felix Fontebo (Plaintiff); Sally Fontebo (Plaintiff); Njie Takere (Plaintiff) et al.

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Tentative Rulings

Case Number: BC686407    Hearing Date: December 30, 2019    Dept: J

HEARING DATE: Monday, December 30, 2019

NOTICE: OK[1]

RE: Fontebo, et al. v. Airbnb, Inc., et al. (BC686407)

______________________________________________________________________________

 

Defendants Airbnb, Inc.’s and Airbnb Payments, Inc.’s PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON PURSUANT TO 9 U.S.C. SECTION 9 AND/OR CCP SECTION 1285, ET SEQ.

Responding Party: None (unopposed, as of 12/4/19, 3:54 p.m.)

Tentative Ruling

Defendants Airbnb, Inc.’s and Airbnb Payments, Inc.’s unopposed Petition to Confirm

Arbitration Award and Enter Judgment Thereon Pursuant to 9 U.S.C. Section 9 and/or

CCP 1285, et seq. is GRANTED.

Background

Njie Takere (“Takere”) leased the property located at 1156 Crestbrook Court in Diamond Bar (“subject property”), which was owned by Defendants Wu Yongqian (“Yongqian”) and Shey Yuying (“Yuying”), for himself and 6 guests through Airbnb for the June 1, 2017-June 4, 2017 time period. On June 2, 2017, Njiek Fontebo went for a swim in the subject property’s residential pool and drowned. On December 8, 2017, Plaintiffs Nakere, Felix Fontebo (“F. Fontebo”), Sally Fontebo (“S. Fontebo”) and the Estate of Njiek Fontebo (“Estate”) (collectively, “Plaintiffs”) filed a complaint, asserting causes of action against Defendants Airbnb, Inc., Airbnb Payments Inc. (collectively, “Airbnb Defendants”), Yongqian, Yuying and Does 1-50 for:

  1. Breach of Fiduciary Duty;
  2. Negligence;
  3. Violation of the Consumers Legal Remedies Act (Civil Code §§ 1750, et seq.)
  4. Violation of Business and Professions Code §§ 17500, et seq. (Untrue, False and/or Misleading Advertisement);
  5. Wrongful Death;
  6. Intentional Infliction of Emotional Distress;
  7. Negligent Infliction of Emotional Distress;
  8. Breach of Contract; and
  9. Survival Claim

On April 26, 2018, this case was transferred from Department 2 (personal injury hub) to this instant department. On June 6, 2018, the court granted the Airbnb Defendants’ motion to compel arbitration.

A Status Conference is set for December 30, 2019.

Discussion

On June 6, 2018, the court granted the Airbnb Defendants’ motion to compel arbitration and stay proceedings. The court, in its order compelling arbitration, determined the arbitration agreement was subject to the Federal Arbitration Act (“FAA”), at 9 U.S.C. Section 1, et seq.

“Insofar as the FAA applies, the FAA preempts conflicting state law. The FAA’s substantive provisions are applicable in state as well as federal court, while the FAA’s procedural provisions apply only to proceedings in federal court.” (Swissmex-Rapid S.A. de C.V. v. SP Systems, LLC (2012) 212 Cal.App.4th 539, 544.)

Service of the Petition and Notice of Hearing

CCP § 1290.4 requires “[a] copy of the petition and a written notice of the time and place of thereof and any other papers upon which the petition is based” to be served on Respondent “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 and the person on whom service is to be made has previously appeared in the proceeding. . ., service shall be made in the manner provided in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of this code.” (CCP § 1290.4(a), (c).)

The notice of petition/petition was filed on August 23, 2019. A proof of service filed on August 23, 2019 reflects that the petition/notice of petition, RJN, notice of lodging exhibits, proposed order and proposed judgment were served, by way of First Legal, via electronic service/email that day, “[b]ased on a court order or an agreement of the parties to accept service by e-mail or electronic transmission.” A proof of service filed on August 27, 2019 reflects that a “Proof of Service of Exhibits Related to Notice of Lodging Exhibits Related to Petition by Airbnb, Inc. and Airbnb Payments, Inc. to Confirm Arbitration Award and Enter Judgment Theron” was mail-served on August 26, 2019.

 

Request for Judicial Notice

The Airbnb Defendants’ Request for Judicial Notice (“RJN”) is ruled on as follows: GRANTED as to Exhibit 1 (i.e., “Notice of Ruling Re Defendants’ Motion to Compel Arbitration” filed June 14, 2018 in this case); GRANTED as to Exhibit 2 (i.e., caption page of complaint filed May 31, 2019 in this case) and GRANTED as to Exhibit 3 (i.e., Consumer Arbitration Rules—American Arbitration Association).

Merits

At the outset, 9 U.S.C. Section 9, which requires, inter alia, that the parties consent to the arbitration award being entered as a judgment, is procedural and thus inapplicable to state court proceedings. (Swissmex-Rapid S.A., supra, 212 Cal.App.4th at 547.) CCP § 1285.4 provides that a petition “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.”

The petition complies with CCP §1285.4. The Terms of Service, which contains the arbitration agreement, are set forth in Exhibit K. The arbitration was conducted before the Hon. Anita Rae Shapiro (Los Angeles Superior Court Commissioner, Ret.) (“Arbitrator”) and administered by the American Arbitration Association. The Airbnb Defendants explain that though the initial Demand for Arbitration included Takere, he was subsequently dropped from the civil-style complaints as a claimant, and the Arbitrator subsequently ruled that Takere had abandoned his claims in the arbitration. (Hayek Decl., ¶5; See Notice of Lodging, Exh. E.) The Arbitrator’s Award was issued following Phase I (i.e., which was “to determine the enforceability of the Airbnb, Inc. Terms of Service with respect to certain provisions limiting the nature of claims which could be asserted and a limitation on the total monetary relief which could be awarded,” and “whether, if these terms were enforceable, they were applicable to the remaining Respondents in the arbitration” [Id., ¶9]), which was held on July 10, 2019. (Id., ¶11.) The Arbitrator subsequently granted a motion to correct the award and issued an amended award on August 7, 2019. (Id., ¶13.) The Amended Arbitration Award dated August 7, 2019 is attached as Exhibit J.

No grounds exist under CCP § 1285 et seq. to vacate, modify or otherwise correct the Arbitrator’s Award, and the Airbnb Defendants have satisfied any and all necessary preconditions to confirming and entering judgment on the Arbitration Award. The petition, moreover, is unopposed.

The petition is GRANTED.


[1] The petition was filed on August 23, 2019 and originally set for hearing on December 9, 2019. On December 4, 2019, the hearing was continued, on the court’s own motion, to January 3, 2020. No opposition was filed for the December 9, 2019 hearing. On December 5, 2019, moving party filed and caused to have electronically served a “Notice of Rescheduled Hearing. . .,” advising therein of the rescheduled December 30, 2019 hearing date.

Case Number: BC686407    Hearing Date: December 09, 2019    Dept: J

HEARING DATE: Monday, December 9, 2019

NOTICE: OK

RE: Fontebo, et al. v. Airbnb, Inc., et al. (BC686407)

______________________________________________________________________________

 

Defendants Airbnb, Inc.’s and Airbnb Payments, Inc.’s PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON PURSUANT TO 9 U.S.C. SECTION 9 AND/OR CCP SECTION 1285, ET SEQ.

Responding Party: None (unopposed, as of 12/4/19, 3:54 p.m.)

Tentative Ruling

Defendants Airbnb, Inc.’s and Airbnb Payments, Inc.’s unopposed Petition to Confirm

Arbitration Award and Enter Judgment Thereon Pursuant to 9 U.S.C. Section 9 and/or

CCP 1285, et seq. is GRANTED.

Background

Njie Takere (“Takere”) leased the property located at 1156 Crestbrook Court in Diamond Bar (“subject property”), which was owned by Defendants Wu Yongqian (“Yongqian”) and Shey Yuying (“Yuying”), for himself and 6 guests through Airbnb for the June 1, 2017-June 4, 2017 time period. On June 2, 2017, Njiek Fontebo went for a swim in the subject property’s residential pool and drowned. On December 8, 2017, Plaintiffs Nakere, Felix Fontebo (“F. Fontebo”), Sally Fontebo (“S. Fontebo”) and the Estate of Njiek Fontebo (“Estate”) (collectively, “Plaintiffs”) filed a complaint, asserting causes of action against Defendants Airbnb, Inc., Airbnb Payments Inc. (collectively, “Airbnb Defendants”), Yongqian, Yuying and Does 1-50 for:

  1. Breach of Fiduciary Duty;
  2. Negligence;
  3. Violation of the Consumers Legal Remedies Act (Civil Code §§ 1750, et seq.)
  4. Violation of Business and Professions Code §§ 17500, et seq. (Untrue, False and/or Misleading Advertisement);
  5. Wrongful Death;
  6. Intentional Infliction of Emotional Distress;
  7. Negligent Infliction of Emotional Distress;
  8. Breach of Contract; and
  9. Survival Claim

On April 26, 2018, this case was transferred from Department 2 (personal injury hub) to this instant department. On June 6, 2018, the court granted the Airbnb Defendants’ motion to compel arbitration.

A Status Conference is set for December 9, 2019.

Discussion

On June 6, 2018, the court granted the Airbnb Defendants’ motion to compel arbitration and stay proceedings. The court, in its order compelling arbitration, determined the arbitration agreement was subject to the Federal Arbitration Act (“FAA”), at 9 U.S.C. Section 1, et seq.

“Insofar as the FAA applies, the FAA preempts conflicting state law. The FAA’s substantive provisions are applicable in state as well as federal court, while the FAA’s procedural provisions apply only to proceedings in federal court.” (Swissmex-Rapid S.A. de C.V. v. SP Systems, LLC (2012) 212 Cal.App.4th 539, 544.)

Service of the Petition and Notice of Hearing

CCP § 1290.4 requires “[a] copy of the petition and a written notice of the time and place of thereof and any other papers upon which the petition is based” to be served on Respondent “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 and the person on whom service is to be made has previously appeared in the proceeding. . ., service shall be made in the manner provided in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of this code.” (CCP § 1290.4(a), (c).)

The notice of petition/petition was filed on August 23, 2019. A proof of service filed on August 23, 2019 reflects that the petition/notice of petition, RJN, notice of lodging exhibits, proposed order and proposed judgment were served, by way of First Legal, via electronic service/email that day, “[b]ased on a court order or an agreement of the parties to accept service by e-mail or electronic transmission.” A proof of service filed on August 27, 2019 reflects that a “Proof of Service of Exhibits Related to Notice of Lodging Exhibits Related to Petition by Airbnb, Inc. and Airbnb Payments, Inc. to Confirm Arbitration Award and Enter Judgment Theron” was mail-served on August 26, 2019.

 

Request for Judicial Notice

The Airbnb Defendants’ Request for Judicial Notice (“RJN”) is ruled on as follows: GRANTED as to Exhibit 1 (i.e., “Notice of Ruling Re Defendants’ Motion to Compel Arbitration” filed June 14, 2018 in this case); GRANTED as to Exhibit 2 (i.e., caption page of complaint filed May 31, 2019 in this case) and GRANTED as to Exhibit 3 (i.e., Consumer Arbitration Rules—American Arbitration Association).

Merits

At the outset, 9 U.S.C. Section 9, which requires, inter alia, that the parties consent to the arbitration award being entered as a judgment, is procedural and thus inapplicable to state court proceedings. (Swissmex-Rapid S.A., supra, 212 Cal.App.4th at 547.) CCP § 1285.4 provides that a petition “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.”

The petition complies with CCP §1285.4. The Terms of Service, which contains the arbitration agreement, are set forth in Exhibit K. The arbitration was conducted before the Hon. Anita Rae Shapiro (Los Angeles Superior Court Commissioner, Ret.) (“Arbitrator”) and administered by the American Arbitration Association. The Airbnb Defendants explain that though the initial Demand for Arbitration included Takere, he was subsequently dropped from the civil-style complaints as a claimant, and the Arbitrator subsequently ruled that Takere had abandoned his claims in the arbitration. (Hayek Decl., ¶5; See Notice of Lodging, Exh. E.) The Arbitrator’s Award was issued following Phase I (i.e., which was “to determine the enforceability of the Airbnb, Inc. Terms of Service with respect to certain provisions limiting the nature of claims which could be asserted and a limitation on the total monetary relief which could be awarded,” and “whether, if these terms were enforceable, they were applicable to the remaining Respondents in the arbitration” [Id., ¶9]), which was held on July 10, 2019. (Id., ¶11.) The Arbitrator subsequently granted a motion to correct the award and issued an amended award on August 7, 2019. (Id., ¶13.) The Amended Arbitration Award dated August 7, 2019 is attached as Exhibit J.

No grounds exist under CCP § 1285 et seq. to vacate, modify or otherwise correct the Arbitrator’s Award, and the Airbnb Defendants have satisfied any and all necessary preconditions to confirming and entering judgment on the Arbitration Award. The petition, moreover, is unopposed.

The petition is GRANTED.