ROMERO LAW, APC v AMIR AZARNIVAR

Case Number: GC049869    Hearing Date: September 05, 2014    Dept: B

12. GC049869
ROMERO LAW, APC v AMIR AZARNIVAR
Petition to Confirm Arbitration Award

This case arose from the Petitioner’s claim that the Respondent had not paid fees owned under a retainer agreement. The Petitioner filed a petition to compel arbitration. On October 15, 2012, the Court granted the Petition to compel arbitration.
The arbitrator issued the arbitration award on May 23, 2014. The arbitrator awarded $46,935.98 to the Plaintiff.

This hearing concerns the Petitioner’s motion to confirm the arbitration award. CCP section 1285 permits any party to an arbitration in which an award has been made to petition the Court to confirm, correct or vacate the award. CCP section 1285.4 requires the petition to:

1) 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;
2) Set forth names of the arbitrators; and
3) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.

CCP section 1286 states that if the petition is duly served and filed, the Court shall confirm the award as made, whether rendered in this state or another state.
The Petitioner’s motion sets forth the substance of the arbitration agreement that was in the retainer agreement in the declaration of Alan Romero. Under the arbitration agreement, the parties agreed to submit any dispute arising out of the retainer agreement to binding arbitration.
In addition, the Petitioner’s motion includes a copy of the arbitration award in exhibit 1. The arbitration award identifies the arbitrator as Stephen Marcus. The arbitration award includes the written opinion of the arbitrator.
A review of the proof of service reveals that the motion and notice of this hearing was duly served on the Respondent.

Therefore, the Court grants the Petition and will enter judgment confirming the arbitration award as made. Petitioner to prepare the Judgment.

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