Petition to Confirm Arbitration Award
applicable circumstances ... [h]owever, the issue may be addressed as one of law if the facts are undisputed”]; In re Campbell (2017) 11 Cal.App.5th 742, 755 [“The issue of a waiver is generally a question of fact”]; Mills v. Forestex Co. (2003) 108 Cal.App.4th 625, 652 [“In the usual case, estoppel is a question of fact to be resolved by the trier of facts ... [h]owever, when the facts are undisputed, the existence of an estoppel is a question of law;” internal citations and quotation marks omitted.)
Similarly, whether cross-defendants’ ability to claim any rights under the first loan and deed of trust is barred by any applicable statute of limitations, does not “clearly and affirmatively” appear from the face of the pleadings. (Geneva Towers Ltd. Partnership v. City of San Francisco (2003) 29 Cal.4th 769, 781; emphasis added, internal citation omitted.)
Plaintiffs shall give notice of all the above.
7 Cruz vs. PAC Auto Petition to Confirm Arbitration Award Group, Inc.
Plaintiffs Anthony Cruz and Veronica Solis Beas’s petition/motion to confirm arbitration award is GRANTED, as follows. (See Code Civ. Proc., §§ 1286, 1286.6; see also Pacific Law Group: USA v. Gibson (1992) 6 Cal.App.4th 577, 580 [“Confirmation is mandatory under Code of Civil Procedure section 1286” et seq. unless the court corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding; nothing in these sections limits the confirmation of arbitration awards based on whether the respondent has/has not satisfied its payments obligations under the award].)
The Court confirms the arbitration award as made in the final award dated 6/18/26, which adopts and incorporates the interim award issued on 4/21/26, and enters judgment pursuant thereto, as follows:
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?”
(1) As of the issuance of the interim award on 4/21/26, “[t]he contract dated September 20, 2020 (‘Contract’), by which Claimants [Anthony Cruz and Veronica Solis Beas] purchased a used 2017 Ford Mustang, CA VIN no. xxxxxxxxxxxxxxxxx692 (‘Vehicle’) from [PAC Auto Group, Inc. (PAC)] and the purchase financing for the Vehicle arranged by PAC are rescinded. Claimants shall have no further obligation to re-pay any monies to [Ally Bank, erroneously sued as “Alley Financial, Inc.” (Ally),] or PAC to finance the purchase of the Vehicle, which obligation is extinguished. There shall be no negative credit reporting by PAC or Ally effecting Claimants because of the rescission of the Contract.” (Pet. at att. 8(c) [final award, p. 2].)
(2) As of the issuance of the interim award on 4/21/26, “Claimants were ordered to make the Vehicle immediately available to PAC for pick-up (costs of pick-up to be borne by PAC).... The Interim Award also provided that prior to pick-up of the Vehicle, PAC was to prepare and Claimants to execute all documents reasonably necessary to transfer ownership of the Vehicle to PAC,” and that PAC and Ally “shall pay $33,886.38 to Claimants within thirty days from the date of th[e] Interim Award.” (Pet. at att. 8(c) [interim award, pp. 7, 10-11, see final award, p. 2].)
(3) As of the issuance of the interim award on 4/21/26, “[Ford Motor Company (Ford)] was ordered to pay Claimants $12,445.80 for breach of warranty within thirty days of the Interim Award.” (Pet. at att. 8(c) [final award, p. 2].)
(4) “Notwithstanding anything to the contrary in the Interim Award, Ally’s liability was not to exceed the amount of its investment, $33,481.73, exclusive of costs and attorney’s fees.” (Pet. at att. 8(c) [final award, p. 2].)
(5) “Claimants are awarded jointly and severally against PAC and Ally $49,709.00 in attorney’s fees.” (Pet. at att. 8(c) [final award, p. 6].)
(6) “Claimants are awarded jointly and severally against Ford, PAC and Ally $8,677.07 in costs. As between each other, Ford shall be liable for $4,338.54 of the costs, PAC shall be liable for $2,169.27 of the costs, and Ally shall be liable for $2,169.26 of the costs.” (Pet. at att. 8(c) [final award, p. 6].)
(7) “The administrative fees of the American Arbitration Association (AAA) totaling $2500 and the compensation of the Arbitrator totaling $7030 shall be borne and paid as incurred.” (Pet. at att. 8(c) [final award, p. 6].)
All remaining terms of the interim award and final award are also confirmed and incorporated into the judgment.
Plaintiffs’ request for statutory interest on the award pursuant to Civil Code section 3287, subdivision (a) (section 3287(a)) at the rate of 10% per annum is also GRANTED, as follows (see Britz, Inc. v. Alfa-Laval Food & Dairy Co. (1995) 34 Cal.App.4th 1085, 1106- 1107; accord, Pierotti v. Torian (2000) 81 Cal.App.4th 17, 27):
(1) Interest in the total amount of $306.24 on the restitution award of $33,886.38 is granted in favor of plaintiffs, and jointly and severally against PAC and Ally. This amount has been calculated from the date this payment was due on 5/21/26 (30 days after issuance of the interim award on 4/21/26), through the date of the payment on 6/22/26. (See Pet. at att. 8(c) [interim award, pp. 7, 10-11, and final award, p. 2]; Cook Decl. ¶ 6.)
(2) Interest at the rate of 10% per annum is granted in favor of plaintiffs on the $12,445.80 damages award on the breach of implied warranty claim against Ford, from 5/21/26 to the entry of judgment. (See Pet. at att. 8(c) [interim award, pp. 10-11, final award, p. 2]; see also Cook Decl. ¶¶ 6, 8, 9 [Ford has failed to make any payments to date].) Interest at the rate of 10% per annum on $12,445.80 comes out to a daily rate of $3.41 ($12,445.80 x 0.10 percent, divided by 365 days).
(3) Interest in the total amount of $163.44 on the attorney fees portion of the award is granted in favor of plaintiffs, and jointly and severally against PAC and Ally. (See Pet. at att. 8(c) [final award, p. 6]; Britz, supra, 34 Cal.App.4th at p. 1107 [prejudgment interest is available on the entire arbitration award, including attorney fees contained in the award].) This amount has been calculated from 6/25/26, the day after the final award was served on the parties (see Cook Decl. ¶ 7), to the date the fees were paid on 7/6/26 (id. ¶ 8).
(4) Interest in the total amount of $7.08 in favor of plaintiffs and against PAC on PAC’s portion of the costs award, calculated from 6/25/26 (day after final award was served), to the date the costs were paid on 7/6/26. (See Pet. at att. 8(c) [final award, p. 6]; Cook Decl. ¶¶ 7-8.)
(5) Interest in the total amount of $7.08 in favor of plaintiffs and against Ally on Ally’s portion of the costs award, calculated from 6/25/26 (day after final award was served), to the date the costs were paid on 7/6/26. (See Pet. at att. 8(c) [final award, p. 6]; Cook Decl. ¶¶ 7-8.)
(6) Interest at the rate of 10% per annum is granted in favor of plaintiffs and against Ford on Ford’s $4,338.54 portion of the costs award, from 6/25/26 (day after final award was served) to the entry of judgment. (See Pet. at att. 8(c) [final award, p. 6]; Cook Decl. ¶¶ 6, 8, 9 [Ford has failed to make any payments to date].) Interest at the rate of 10% per annum on Ford’s $4,338.54 portion of the costs comes out to a daily rate of $1.19 ($4,338.54 x 0.10 percent, divided by 365 days).
Finally, plaintiffs’ requests for costs and attorney fees with incurred with respect to the instant petition to confirm arbitration award is GRANTED, as follows:
(1) Plaintiffs are granted costs in the amount of $60 jointly and severally against PAC, Ally, and Ford (see Code Civ. Proc., § 1293.2; Marcus & Millichap Real Estate Investment Brokerage Co. v. Woodman Investment Group (2005) 129 Cal.App.4th 508, 513); and
(2) Plaintiffs are granted attorney fees in the amount of $2,075 jointly and severally against PAC and Ally (see Civ. Code, § 1794, subd. (d).
Plaintiffs shall give notice of all of the above and prepare a proposed judgment on the complaint that incorporates all of the foregoing verbatim, within 10 days.