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Ronald Estes vs Elmer Chacon

Case Number

23CV03136

Case Type

Civil Law & Motion

Hearing Date / Time

Mon, 11/13/2023 - 10:00

Nature of Proceedings

Petition: Confirm Arbitration

Tentative Ruling

Ronald D. Estes v. Elmer Guevara Chacon                

Case No. 23CV03136      

Hearing Date: November 13, 2023                                        

HEARING:              Petitioner Ronald D. Estes’ Petition to Confirm June 20, 2023 Arbitration Award

ATTORNEYS:        For Petitioner Ronald D. Estes: Self Represented

                        For Respondent Elmer Guevara Chacon: No appearance

                                                           

TENTATIVE RULING:

The June 20, 2023, Arbitration Award is affirmed.

Background:

On February 19, 2023, petitioner Estes and respondent Chacon entered into a written contract to perform work including removal of an old fence, construction of a new fence, install a drip irrigation system, and replace plants. Estes paid $9,520.00 in advance.

Chacon started the work, but his workmanship was poor, and he failed to complete the scope of the work. Pursuant to an agreement, the parties arbitrated the dispute with Laura Bottaro on June 14, 2023. On June 20, 2023, Bottaro issued an arbitration award in favor of Estes in the amount of $9,350.00, due on or before the 14th day after the award is served on the parties.

Estes petitioned for confirmation of the arbitration award, on July 21, 2023. The petition is unopposed.

Analysis:

“The [arbitration] award shall be in writing and signed by the arbitrators concurring therein. It shall include a determination of all the questions submitted to the arbitrators the decision of which is necessary in order to determine the controversy.” (Code Civ. Proc., § 1283.4.) The June 20, 2023 arbitration award is in writing and signed by Bottaro.

Code of Civil Procedure section 1286 provides: “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 proceeding.”

“Under section 1286, the superior court has only four options when a petition to confirm or vacate an arbitration award is filed. The superior court may (1) confirm the award as made; (2) correct the award and confirm it as corrected; (3) vacate the award; or (4) dismiss the proceeding.” (Kelly Sutherlin McLeod Architecture, Inc. v. Schneickert (2011) 194 Cal.App.4th 519, 527-528.)

As the motion is unopposed and all statutory factors have been met, the arbitration award will be confirmed.

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