Case Number: 19STCP02533 Hearing Date: September 09, 2019 Dept: 78

Superior Court of California
County of Los Angeles
Department 78

JACOH K FARSAKH,

Petitioner,

v.

BRENNA GAITHER HARDT, et al.,

Respondents.

Case No.: 19STCP02533

Hearing Date: September 9, 2019

[TENTATIVE] RULING RE:

Petitioner JACOB K. FARSAKH’S Petition to Confirm Arbitration Award against Respondents BRENNA GAITHER HARDT, GENIUS LOMPOC LLC, GIN HOLDINGS LLC, GENIUS HEMP DEVELOPMENT INC, aND GENIUS EXTRACTION TECHNOLOGIES INC.

Petitioner Jacob K. Farsakh’s Petition To Confirm Arbitration Award is GRANTED as to Respondents Brenna Gaither Hardt, Genius Lompoc, LLC, Gin Holdings, LLC, and Genius Hemp Development, Inc., but DENIED without prejudice as to Respondent Genius Extraction Technologies, Inc.

FACTUAL BACKGROUND

Petitioner Jacob K. Farsakh (“Farsakh”) seeks to confirm an arbitration award of $28,961 against Respondents Brenna Gaither Hardt, Genius Lompoc, LLC, Gin Holdings, LLC, Genius Hemp Development, Inc., Genius Extraction Technologies, Inc. (“Respondents”). (Petition at pp. 1–3.) The dispute involved Respondents’ unpaid fees for professional accounting services rendered to the business entities.

PROCEDURAL HISTORY

Farsakh filed the Petition on June 20, 2019.

Farsakh filed Proofs of Personal Service on August 6, 2019 and August 7, 2019, stating that: Respondents Brenna Gaither Hardt and Genius Lompoc, LLC had been personally served on July 27, 2019; Respondent Gin Holdings, LLC had been personally served on July 25, 2019; and Respondent Genius Hemp Development, Inc. had been personally served on August 2, 2019.

Farsakh did not file a Proof of Personal Service for Genius Extraction Technologies, Inc.

DISCUSSION

PETITION TO CONFIRM ARBITRATION AWARD

“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 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 must include (a) the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement, (b) the names of the arbitrators, and (c) a copy of the award and the written opinion of the arbitrators, if any. (Code Civ. Proc. § 1285.4.)

A petition to confirm an arbitration award must be filed and served within four years of the date of the service of the signed copy of the award on the petition, but the petition may not be filed until at least ten days after service of signed copy of the award upon the petitioner. (Code Civ. Proc. §§ 1288, 1288.4.) Service of a petition must be “in the manner provided in the arbitration agreement for the service of such petition and notice.” (Code Civ. Proc. § 1290.4.) If the arbitration agreement does not provide the manner for service, “[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, subd. (b)(1).)

“A petition under this title shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days’ notice of the date set for the hearing on the petition shall be given.” (Code Civ. Proc. § 1290.2.)

The arbitration award here was entered on April 30, 2019 by arbitrator Douglas G. Carnahan. (Petition Attachment 8(c).) The arbitration was pursuant to an agreement attached to the petition. (Petition Attachment 4(b).) The Petition was personally served on Respondents Brenna Gaither Hardt and Genius Lompoc, LLC on July 27, 2019, on Respondent Gin Holdings, LLC on July 25, 2019, and on Respondent Genius Hemp Development, Inc. on August 2, 2019. A Proof of Personal Service for Genius Extraction Technologies, Inc. was not filed.

The Petition seeks confirmation of the following: against the Respondents, jointly and severally, in the amount of $20,196.00 plus $63000 in attorney’s fees plus the costs of arbitration, for a total amount of $28,961.

The Petition has not been opposed, and there is no evidence that the arbitrator’s award should be vacated. The Court notes, however, that though Farsakh has provided proofs of personal service as to Respondents Brenna Gaither Hardt, Genius Lompoc, LLC, Gin Holdings, LLC, and Genius Hemp Development, Inc., Farsakh has not produced proof that Respondent Genius Extraction Technologies, Inc. was served.

The petition is therefore GRANTED as to Respondents Brenna Gaither Hardt, Genius Lompoc, LLC, Gin Holdings, LLC, and Genius Hemp Development, Inc., but DENIED without prejudice as to Respondent Genius Extraction Technologies, Inc. Once Petitioner files a proof of service on Genius Extraction Technologies, Inc., the Court will confirm the arbitration award as to such Respondent.

Petitioner to provide notice.

Dated: September 9, 2019

__________________________________________

Hon. Robert S. Draper

Judge of the Superior Court