Case Number: BS150205    Hearing Date: September 30, 2014    Dept: 46

Case Number: BS150205
SHERIFF ISHAK ET AL VS WILLIAM FROST ET AL
Filing Date: 08/06/2014
Case Type: Petn to Comp/Conf Arbitration (General Jurisdiction)
Status: Pending
Future Hearings

09/30/2014 at 08:32 am in department 46 at 111 North Hill Street, Los Angeles, CA 90012
Motion Hearing(TO CONFIRM ARBITRATION AWARD;)

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This tentative ruling is posted at 3:00 p.m. on 09/26/2014 and the matter is set for hearing on 09/30/2014 at 8:30 a.m.
If there are no parties other than Plaintiff/Petitioner, then Plaintiff/Petitioner may submit to the tentative without appearance by telephonic notification to the clerk of Dept. 46 between 8:00 a.m. and 4:30 p.m. on a date prior to the hearing or morning prior to the hearing by calling (213) 974-5665, and the court will issue the tentative ruling as the final ruling. If the other parties have appeared in the action, then the parties must first confer and all agree that the tentative ruling will be the final ruling on the matter. If the parties to the matter before the court all agree, a representative of the parties may call the clerk and submit without an appearance, and the court will issue the tentative ruling as the final ruling. If an order is required, it should be lodged directly in Dept. 46 with a copy to adverse/other parties, if any.

TENTATIVE RULING: The court cannot tell why George Rosamond, an individual is named in the motion as his name is not on the caption of the arbitration case or in arbitration award. The court would need a declaration stating his liability in this matter. The petition appears to have been served only by mail which is insufficient notice under the FAA. The matter is continued to 11/12/2014 at 8:30 am. so that proper proof of service on the Petition and notice to the respondents may be given.

The motion is made pursuant to the arbitration conducted under the Federal Arbitration Act. That act has special rules regarding service of a petition for confirmation of the award. The pertinent portion of 9 U.S.C. §9 states:

“If the adverse party is a resident of the district within which the award was made, such serve shall be made upon the adverse party or his attorney as prescribe by law for service of notice of motion in an action in the same court. If the adverse party shall be a nonresident then the notice of the application shall be served by the marshal of any district within which the adverse party may be found in a like manner as other process of the court.”

The court interprets this notice provision as requiring that the notice of the confirmation petition for the out-of-state respondents be by personal service, or another form of service permitted for service of a summons and complaint in state court.

A further declaration is required that will explain why the award should be confirmed as to Rosamond.

The Petition and supporting papers must be served by 10/15/2014 so that respondents will have adequate time under CCP §1005(b) to respond to the petition. Proof of service on the defendants must be filed prior to the continued hearing date.

IT IS SO ORDERED:

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Frederick C. Shaller, Judge