Case Number: BS162486??? Hearing Date: August 18, 2016??? Dept: 58
Hearing Date: Thursday, August 18, 2016
Calendar No: 8
Case Name: Desert Regional Medical Center, Inc., et al. v. Heritage Provider Network, Inc.
Case No.: BS162486
Motion: Petition to Confirm Arbitration Award
Moving Party: Petitioners Desert Regional Medical Center, Inc. and JFK Memorial Hospital, Inc. dba John F. Kennedy Memorial Hospital
Opposing Party: Respondent Heritage Provider Network, Inc.
Tentative Ruling: Petition to confirm arbitration award is granted.
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On 5/11/16, Petitioners Desert Regional Medical Center, Inc. and JFK Memorial Hospital, Inc. dba John F. Kennedy Memorial Hospital filed this petition to confirm an arbitration award as to Respondent Heritage Provider Network, Inc. arising out of a dispute concerning hospital charges for services provided to insured patients.
Petitioners submit the arbitration agreement entered between the parties (Pet?n ? 4, Attachment 4(b) ? 10(a)). Petitioners state that the parties attended arbitration on 5/30/14 before the Honorable Eli Chernow (Pet?n ?? 6-7), and that the arbitrator rendered an award on 4/18/16 in favor of Petitioners against Respondent in the total amount of $334,696.21 (Pet?n ? 8, Attachment 8(c)). Petitioners request post-arbitration costs and attorney fees according to proof. Pet?n ? 10(e)(2), (f)(2).
Respondent asserts that it has not opposed the confirmation of the arbitration award, but argues that Petitioners have sought confirmation to improperly recover post-arbitration costs and attorney fees. Petitioners reply that this petition had already been prepared and filed before the parties discussed stipulating to confirmation. McLain Reply Decl. ?? 2, 4.
While the Court concludes that the petitioner complies with CCP ? 1285.4, the Court notes that Petitioners have failed to submit evidence concerning its post-arbitration costs or attorney fees (see CCP ? 1293.2), and that the issue of whether Petitioners are entitled to such costs and attorney fees is apparently still disputed. Therefore, the Court grants the petition to confirm arbitration award, leaving open the determination of post-arbitration costs and attorney fees pursuant to motion. See Marcus & Millichap Real Estate Investment Brokerage Co. v. Woodman (2005) 129 Cal.App.4th 508, 513-14.