Petition to Confirm Arbitration Award (Judge Michael P. Linfield)


Case Number:?BS170917????Hearing Date:?November 13, 2017????Dept:?34

SUBJECT:?Petition to confirm arbitration

Moving Party:??Petitioner Home Front Build Inc.

Resp. Party:?????None

The unopposed petition to confirm the arbitration is GRANTED in the amount of $59,142.70.

BACKGROUND:

Petitioner filed the instant petition on 9/19/17. Petitioner seeks to confirm an arbitration award rendered against respondent Michelle Oberman.

ANALYSIS:

Under Code of Civil Procedure section 1285, ?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.? Section 1285.4 further provides that

[a] petition under this chapter shall: [?] (a) 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. [?] (b) Set forth names of the arbitrators. [?] (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.

(Code Civ. Proc., ? 1285.4(a) (c).) ?If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings.? (Code Civ. Proc., ? 1286.)

The general rule is that a court will not review ?the merits of the controversy, the validity of the arbitrator’s reasoning, or the sufficiency of the evidence.??(Jordan v. DMV?(2002) 100 Cal.App.4th 431, 443.)

Petitioner has filed proof of service on respondent. The petition includes a copy of the agreement to submit the claims to arbitration and the award. (See Pet., Exh. A, Art. 14.) The name of the arbitrator is included. (See Pet., ? 7, Exh. B.) The petition includes a copy of the arbitration award. (See Pet., Exh. B.) The award ordered respondent to pay petitioner the sum of $53,288.06, plus $2,735.00 for arbitration fees. (See Pet., Exh. B, p. 7.) Petitioner also seeks post-award interest and court costs. (See Pet., ?? 11-12.) Petitioner states that post-award interest is $2,640.20; however the Court calculates the interest to be $2,624.64.

Defendant Oberman has not opposed this motion.

Accordingly, the Court GRANTS the petition as indicated below:

Confirmation of Arbitration Award
Category Amount Requested Amount Granted
Amount of Award $53,288.06 $53,288.06
AAA Administrative Fees $2,735.00 $2,735.00
Post-Award Interest $2,640.20 $2,624.64
Costs $495.00 $495.00
Attorney’s fees $0.00
$59,158.26 $59,142.70