Case Number:?BC619782????Hearing Date:?February 09, 2018????Dept:?A
Sellecchia v Sunrise Senior Living Management
PETITION TO CONFIRM ARBITRATION AWARD
Calendar:?????????1
Case No:?????????BC619782
Date:???????????????2/9/18
RELIEF REQUESTED:
Confirm arbitration award in favor of Petitioner
DISCUSSION:
This case arises from the Plaintiff?s claim that the Defendants provided care below the standard of care and engaged in elder abuse when they left the Plaintiff unattended in her wheelchair with the result that the Plaintiff fell out of her wheelchair.??The case was transferred from Department 98 on November 29, 2016.
On January 20, 2017, the Court granted the Defendant?s motion to compel the matter to be submitted to arbitration and stayed the action pending the outcome.??The arbitrator issued an award in favor of the Plaintiff on November 7, 2017.
????????????This hearing concerns the Plaintiff?s petition to confirm the arbitration award.??CCP section 1285 permits any party to an arbitration in which an award has been made to petition the Court to confirm, correct or vacate the award.??CCP section 1285.4 requires the petition to:
????????????1) 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;
????????????2) Set forth names of the arbitrators; and
????????????3) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.
????????????CCP section 1286 states that if the petition is duly served and filed, the Court shall confirm the award as made, whether rendered in this state or another state.
????????????The Petition includes a copy of the Residency Agreement in exhibit 1 to the declaration of Wayne Smith.??This agreement includes the agreement to submit disputes to arbitration in Article VII ?Arbitration?.
A copy of the final decision of the arbitrator is in in exhibit 3.??The arbitration award identifies the arbitrator as the Hon. Joseph DeVanon (Ret.).??The arbitration award includes the written opinion of the arbitrator.??The arbitrator awarded a total of $2,607,874.00 to the Plaintiff under the negligence cause of action based on $1,000,000.00 in past pain and suffering, $1,500,000.00 for future pain and suffering, $100,000.00 to train family or staff with regards to the Plaintiff?s needs, $7,022.00 for follow up visits to a neurosurgeon, and $852.00 for cervical collar replacements and pads.
????????????A review of the proof of service reveals that the motion and notice of this hearing was duly served on the Defendant.??Under CCP section 1290.2, no less than ten days notice must be provided to the responding party before any hearing on the confirmation petition.??The proof of service shows that the petition and notice of this hearing was provided by personal service on the Defendant on January 22, 2018, which was more than ten days notice of this February 9, 2018 hearing.??This is sufficient under CCP section 1290.2.
????????????Therefore, the Court will grant the Petition and confirm the arbitration award as a judgment because the Petition has been duly filed and served and the Plaintiff has complied with the procedural requirements for the contents of the petition and notice of this hearing.
RULING:
Grant Petition to Confirm Arbitration Award.