Case Number: 19STCP01615 Hearing Date: December 19, 2019 Dept: 94

Bereliani v. Shemuelian, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Sanaz Sarah Bereliani, Esq.’s Petition to Confirm Arbitration Award is PLACED OFF CALENDAR.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[X] Correct Address (CCP §§ 1013, 1013a) NO

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award.

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

OPPOSITION: None filed as of December 11, 2019.

REPLY: None filed as of December 11, 2019.

Bereliani v. Shemuelian, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Sanaz Sarah Bereliani, Esq.’s Petition to Confirm Arbitration Award is PLACED OFF CALENDAR.

ANALYSIS:

On December 6, 2018, an arbitrator issued an Arbitration Award in favor of Sanaz Sarah Bereliani, Esq. (“Petitioner”) and against Avi Shemuelian (“Respondent”). On April 30, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no response has been filed.

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 service of the Petition on Respondent by substitute service. As the arbitration agreement does not provide for a particular method of service, service must comply with the requirements for service of a summons. Substitute service is a valid method of serving a Summons under Code of Civil Procedure section 415.20. However, the proof of service does not indicate that the Notice of Hearing or Notice Re: Continuance of Hearing were served on Respondent in any manner, let alone in a manner for service of a Summons. (Proof of Service, filed 8/12/19, ¶2f.)

At the initial hearing on November 4, 2019, the Court ordered Petitioner to file proof of service demonstrating service of the Notice of Hearing Date in conformity with the requirements of Code of Civil Procedure, section 1290.4 at least 16 court days prior to the new hearing date. On November 27, 2019, Petitioner filed a “Notice of Continued Hearing on Petition to Confirm Arbitration Award.” The proof of service of the Notice of Continued Hearing, however, indicates that it was only served on Respondent by mail. (Notice of Continued Hearing, filed 11/27/19, Proof of Service.) Service by regular mail does not satisfy the requirements for service of a summons.

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

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

Code of Civil Procedure section 1283.6 requires 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.” (Code Civ. Proc., § 1283.6.) Service of the arbitration award with the Petition itself is sufficient to overcome any irregularity in service of the Petition by the arbitrator. (Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.)

The Petition does indicate that the Award was served on both parties on December 13, 2018 by mail. (Pet., Attachment 6(c), p. 8.) Furthermore, the Award was served with the Petition less than a year after it was issued.

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:

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.

Set forth the names of the arbitrators.

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 (Scott Lee Shabel, Esq.) and attaches a copy of the Award to the Petition. (Petition, Attachment 6(c).) The Petition demonstrates that on December 13, 2018, the arbitrator issued an award requiring Respondent to pay Petitioner $6,392.50. Accordingly, Petitioner has complied with the requirements of Code of Civil Procedure, section 1285.4.

Conclusion

Petitioner was previously ordered to correct the defects in service of the Notice of Hearing and warned that failure to do so might result in the Petition being placed off calendar or denied. Therefore, the Petition to Confirm Arbitration Award is PLACED OFF CALENDAR.

Court clerk to give notice.