Case Number: BS171395 Hearing Date: April 06, 2018 Dept: 47

Glaser Weil Fink Howard Avchen & Shapiro LLP v. Wilbert Gettys, professionally known as Brandon Aki

PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioner Glaser Weil Fink Howard Avchen & Shapiro LLP

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

The underlying dispute involved a dispute regarding non-payment of legal fees for legal services performed by Petitioner.

Petitioner moves for confirmation of the arbitration award.

TENTATIVE RULING

Petitioner Glaser Weil Fink Howard Avchen & Shapiro LLP’s petition to confirm arbitration award is GRANTED in part. Judgment is entered in the amount of $82,639.61 set forth in the arbitration award, together with post-award interest in the amount of $4,256.32, plus $4,000 in attorney’s fees, and $575.40 in costs.

ANALYSIS

Petition To Confirm Arbitration Award

Petitioner moves for confirmation of arbitration award.

Any party to an arbitration award may petition the court to confirm, correct, or vacate the award. CCP § 1285. “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.” CCP § 1286 (bold emphasis added). A petition to confirm a binding arbitration shall name as respondents all parties to the arbitration and may name any other parties to be bound by the award. CCP § 1285. The petition shall (1) set forth the substance of or have attached a copy of the agreement to arbitrate unless petitioner denies the existence of such an agreement; (2) set forth the name(s) of the arbitrator(s); and (3) set forth or have attached a copy of the award and written opinion of the arbitrator. CCP § 1285.4(a)-(c).

The petition to confirm must be served and filed no later than four years after the date of service of a signed copy of the award on the petitioner (CCP § 1288) but may not be served and filed until at least 10 days after service of the signed copy of the award upon the petitioner. CCP § 1288.4.

Here, all parties to the arbitration are named in this petition. The name of the arbitrator, Judge Terry Friedman (Ret.) is set forth at ¶ 6 of the Petition. A copy of the agreement to arbitrate is attached as Attachment 4(b) to the Petition. The arbitration award is dated August 24, 2017 and was served upon the parties on September 1, 2017. See Attachment 8(c) to Petition. This petition was filed on November 2, 2017.

The Court continued the hearing on this petition to resolve questions as to whether the petition to confirm arbitration award was properly served upon Respondents Wilbert Gettys. The proof of service filed on March 26, 2018 includes a copy of a signed return receipt reflecting service upon Respondent at his Colorado and Beverly Hills addresses. CCP § 1290.4(b). The Court finds that its concerns regarding proper service upon Respondent have been addressed.

Accordingly, Petitioner is entitled to an order entering judgment in the total amount of $82,639.61 set forth in the arbitration award.

Moreover, Petitioner seeks $7,367.00 in attorneys’ fees and $629.64 in costs incurred in connection with the instant petition. ¶ 13 of the Retainer Agreement (attached as Attachment 4(b) to the Petition) provides for recover of attorney’s fees and costs incurred in arbitration and proceedings to enforce the terms of the agreement. The request for attorney’s fees is GRANTED in part in the amount of $4,000, which the Court finds to be the reasonable amount of attorneys’ fees incurred in bringing this petition to confirm arbitration award. The request for costs is GRANTED in part in the amount of $575.40. Costs not provided for in CCP § 1033.5 will not be awarded. See Declaration of David Myers, ¶¶ 3 – 5.

Finally, Petitioner seeks $4,256.32 in post-award interest accruing until entry of judgment. Postaward, prejudgment interest is properly awarded for the period between the date of entry of the arbitration award and the date of entry of judgment confirming the arbitration award. Pierotti v. Torian (2000) 81 Cal.App.4th 17, 26-28. Petitioner has set forth the interest calculation at ¶ 6 of the Myers Declaration. That amount will be awarded.

Accordingly, the petition to confirm the arbitration award is GRANTED in part. Judgment is entered in to the amount of $82,639.61 set forth in the arbitration award, together with post-award interest in the amount of $4,256.32, plus $4,000 in attorney’s fees, and $575.40 in costs.

Moving Party to give notice, unless waived.

IT IS SO ORDERED.

Dated: April 6, 2018 ___________________________________

Randolph M. Hammock

Judge of the Superior Court