Defendants Brownstein and Richard A. Stambul Profit Sharing Plan?s petition to confirm arbitration award is granted.? Judgment in favor of Defendants Brownstein and Richard A. Stambul Profit Sharing Plan and against Plaintiff Deborah L. Pressley, shall be entered.
Plaintiff filed a petition to vacate on October 10, 2017.? That petition, however, is untimely, as it was filed more than 100 days after service of a signed copy of the award.? (Code Civ. Proc., ? 1288.)? Furthermore, it does not appear that any hearing on the petition to vacate has been properly noticed.? Thus, Plaintiff?s petition to vacate will be treated as an opposition to the pending petition to confirm the arbitration award.
A petition to confirm an arbitration award must be filed within four years from the date of service of a signed copy of the arbitration award upon the petitioner and at least 10 days after service of the award upon the petitioner.? (Code Civ. Proc., ?? 1288, 1288.4.)? Upon petition, unless a court vacates an arbitration award, it shall confirm the award.? (Code Civ. Proc., ? 1286.) ?Judicial review of binding arbitration awards is generally limited to the statutory grounds for vacating or correcting an award.? (Moshonov v. Walsh?(2000) 22 Cal.4th 771, 775.)? A court may not vacate or correct an award because of the arbitrator?s legal or factual error, even if the error appears on the face of the award.? (Ibid.)? In addition, arbitrators do not exceed their powers within the meaning of section 1286.2, subdivision (a)(4), merely by rendering an erroneous decision on a legal or factual issue, so long as the issue was within the scope of the controversy submitted to the arbitrators.? (Ibid.)
The petition must name as respondents all parties to the arbitration and may name as respondents any other person bound by the arbitration award.? (Code Civ. Proc., ? 1285.)? The petition and notice of hearing must be served at least 10 days before the hearing.? (Code Civ. Proc., ? 1290.2.)
A petition to confirm an arbitration award must:
(a)? set forth the substance of or attach a copy of the arbitration agreement;
(b)? set forth the name of the arbitrators; and
(c)? set forth or attach a copy of the award and the written opinion of the arbitrators, if any.
(Code Civ. Proc., ? 1285.4.)
Here, Defendants? petition meets these requirements.? The arbitration award was issued March 15, 2017, and served on Defendants the next day.? Defendants moved to confirm the award five months later.? The petition properly names all parties to the arbitration and includes all required information pursuant to Code of Civil Procedure section 1285.4.? Lastly, notice of the hearing was served more than 10 days before the hearing.
In opposition, Plaintiff contends that the arbitration award was obtained by fraud, corruption, misconduct, or other unfair means.? But, she submits no evidence to support her contentions.? (See?Ahdout v. Hekmatjah?(2013) 213 Cal.App.4th 21, 39-40.)?? Accordingly, the petition to confirm the arbitration award is granted.
At the hearing, the parties shall be prepared to discuss the status of defendant Lawrence Rabinoff?s bankruptcy.? Plaintiff shall be prepared to discuss whether she intends to proceed against any of the remaining defendants in this action.
Defendants to submit a proposed judgment.? Defendants shall be prepared to discuss the one-judgment rule.
Defendants shall give notice of the ruling.