| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Response To Amended Petition; Notice Of Motion And Motion Of Asm Global To Dismiss Proceeding
Matter on calendar for Monday, January 5, 2026, Line 1, RESPONDENT ASM GLOBAL's Response To Amended Petition; Motion Of Asm Global To Dismiss Proceeding.
Respondent's motion to dismiss the amended petition to confirm arbitration award is GRANTED.
Petitioner filed the amended petition on 11/14/25 and Respondent filed this motion on 12/4/25. The amended petition is substantively the same as the original petition. (Response/Motion, pg. 3, fn.1; Opposition, 1:22-23 ["The substance of the petition remains unchanged."].)
Petitioner is seeking to confirm a Collective Bargaining Agreement Step 3 settlement agreement, not a Step 4 arbitration award within the meaning of Code of Civil Procedure section 1283.4. (Amended Petition, 2:1 and 19 [referencing 10/29/24 "award"]; Petition [attached 10/29/24 settlement].)
A response to a petition to confirm may request a dismissal. (Code of Civil Procedure section 1285.2.) Respondent's request for dismissal of the petition is well taken. "Before confirming an award, the trial court has a duty, in order to follow the dictates of section 1283.4, to ensure that the arbitrator's 'award' is an 'award' within the meaning of that statute." (Cinel v. Christopher (2012) 203 Cal.App.4th 759, 767.)
Here, the petition and amended petition show that Petitioner is attempting to confirm a pre-arbitration settlement, not an arbitrator's award under Code of Civil Procedure section 1283.4. The amended petition to confirm is therefore defective and the court dismisses it.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ). | |