Case Number: BC597357 Hearing Date: March 20, 2018 Dept: 92

GABRIEL ROBLES,

Plaintiff(s),

vs.

MOHAMMADREZA YAZDI, D.D.S., ET AL.,

Defendant(s).

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CASE NO: BC597357

[TENTATIVE] ORDER DENYING PETITION TO CONFIRM ARBITRATION AWARD WITHOUT PREJUDICE

Dept. 92

1:30 p.m.

March 20, 2018

Petitioner, Gabriel Robles, a minor, by and through his GAL, Blakely Robles, filed this petition to confirm an arbitration award entered in his favor and against Respondent, Mahammadreza Yazdi, D.D.S.

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.) A party who is satisfied with an arbitration award should move to confirm the award. A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the award is served. (CCP §§ 1288, 1288.4.)

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.) If the award is confirmed, an enforceable judgment is entered with the same force and effect as a judgment in a civil action. (CCP § 1287.4.) The losing party cannot prevent entry of judgment by paying whatever amount has been awarded. (Pacific Law Group: USA v. Gibson (1992) 6 Cal.App.4th 577, 580.) The court may enter satisfaction of judgment on proof the award has been paid. (CCP § 724.050(d).)

The Court’s concern with the petition is the manner of service. Petitioner served the petition on Respondent by regular mail.

CCP §1290.4(a) provides that a copy of the petition to confirm arbitration award, a written notice of the time and place for the hearing, and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement. The Court has reviewed the parties’ arbitration agreement, attached as Exhibit 4(b) to Exhibit 2 to the petition, and finds it does not specify a method for service of a petition to confirm arbitration award.

Because the arbitration agreement does not provide a method of service, the petition must be served pursuant to one of the methods set forth in CCP §1290.4(b)(1), (2) or (3). Because Respondent resides within California, §1290.4(b)(1) applies and states that the petition and related papers shall be served “in the manner provided by law for the service of summons in an action.” Service of a summons and complaint on a person within the State of California cannot be accomplished by regular mail.

The petition is denied without prejudice due to Petitioner’s failure serve the papers properly.