Case Number: BS146661 Hearing Date: May 05, 2014 Dept: 32

CASE NAME: Directors Guild of America, West, Inc. v. Hispafilms Corporation, et al.
CASE NO.: BS146661
HEARING DATE: 5/5/14
DEPARTMENT: 32
SUBJECT: Petition to Confirm Arbitration Award
MOVING PARTY: Petitioner Directors Guild of America, West, Inc.
RESP. PARTY: None

TENTATIVE RULING

Petition to Confirm Arbitration Award Continued for briefing on issues discussed
below.

ANALYSIS

Service. A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner, but more than ten days after the service of the written notice. (CCP § 1288, 1288.4.) The arbitration award in this case was signed on October 10, 2011. (Pet., Att. 8(c)). The arbitration award was served by certified mail and email on October 28, 2011. (Pet. Att. 9.) The petition was timely served.

Petitioner provides proof the Petition was served by certified mail on Francisco Villegas and Robert Darwell, Esq. The requirements for service of arbitration petitions are located in CCP § 1290.4. If the agreement sets forth a method of service for the petition, that method holds. (CCP § 1290.4(a).) If the arbitration agreement does not set forth a method, service shall be made in the manner provided by law for service of summons in an action if the party has not appeared. (CCP § 1290.4(b).) Here, Petitioner has only provided a portion of the “Theatrical and Television Basic Agreement” containing the arbitration provisions. (Pet. Att. 4(B)) The petition attaches Article 10 of the Agreement which contains no provision concerning service of a petition to confirm arbitration. The Court notes that the Arbitration Award refers to Article 11 concerning the initiation of arbitration proceedings. It appears that Article 11 may in fact address the issue of the method of service for the petition. Further, Petitioner’s attorney submits a declaration hat Petitioner served the petition “pursuant to Code of Civil Procedure section 1290.4 and Article 11.A.6.d of the 2008 Writers Guild of American Theatrical and Television Basic Agreement.” However, the Court does not have the provisions of Article 11 to review. Thus, lacking any proof that the arbitration agreement allowed service of the petition to confirm arbitration by certified mail, service must be made in the same manner as service of a summons. Petitioner has not demonstrated compliance with the service provisions for the Petition. Further, Petitioner has submitted proof of service of notice of the hearing on Hispafilms only, and not on Respondent Gijon.

Merits of Petition. The contents of a petition to confirm an arbitration award shall set forth the substance of or have attached a copy of the agreement to arbitrate, the names of the arbitrators, and shall set forth or have attached a copy of the award and the written opinion of the arbitrators. (CCP § 1285.4.) Petitioner has complied with these requirements. If a petition or response to an arbitration award is duly served and filed, the court shall confirm the award as made, unless the court corrects the award and confirms it as corrected, vacates the award, or dismisses the proceeding. (CCP § 1286.) A court may not vacate or correct an award unless a petition or response requesting that the award be vacated or corrected has been filed. (CCP §§ 1286.4, 1286.8.) As Respondent filed no timely response, the allegations of the petition are deemed admitted by Respondent. (CCP § 1290.)

The Arbitrator awarded Petitioner discrete sums of money and interest accruing on those sums in differing amounts. He also ordered respondents to pay ½ of the Arbitrator’s and Court Reporter’s fees. The Petition seeks the sum of $58,875.00 plus interest from October 10, 2011 at the rate of 18% per year. The Petition also seeks costs of suit. Petitioner has not filed any separate declaration or points and authorities explaining how the $58,875.00 was calculated or the basis for the 18% interest rate.

The Court orders further briefing on the issues of service, and calculation of the amount of judgment.