| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Petition to Confirm Arbitration Award
May 26, 2026 Law and Motion Calendar PAGE 20 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________
2:00 PM LINE 7 25-CLJ-10100 FORWARD FINANCING LLC VS. BLUE PLUM INC., ET AL.
FORWARD FINANCING LLC ADAM BRUMAGE JOHN SCOTT MARTIN
PETITION TO CONFIRM ARBITRATION AWARD
TENTATIVE RULING:
Petitioner Forward Financing LLC requests that this Court confirm a contractual arbitration award issued in its favor against Respondents Blue Plum Inc. (d/b/a Blue Plum Showroom) and John Scott Martin.
The petition is GRANTED.
BACKGROUND
Petitioner brought a breach of contract claim before an arbitrator against Respondents pursuant to an arbitration agreement entered into the parties dated June 27, 2025. (Petition, 4(b), Agreement, and 8(c), Final Award.)
The arbitrator, David J. Dameon, issued an arbitration award (Final Award) on November 26, 2025, having duly heard the proofs and allegations of Petitioner, and the Respondents having failed to appear. (Pet., 8(c).) The Final Award awarded Petitioner the following sums, to be paid by Respondents: $24,670.60 in damages from Respondent’s breach of contract; $590.00 for administrative fees of Resolute Systems, LLC; $1,500.00 for compensation of the Arbitrator; $141.00 for the cost of service; $210.00 for Petitioner’s attorney’s fees; and $843.53 in prejudgment interest – for a total Final Award amount of $27,955.13. (Ibid.)
Petitioner filed its Petitioner to Confirm Arbitration Award on December 15, 2025. Petitioner served Respondent Blue Plum Inc. (d/b/a Blue Plum Showroom) with notice of the petition on January 8, 2026 (See POS filed February 2, 2026) and Respondent John Scott Martin on February 10, 2026. (See POS filed February 20, 2026.)
On March 4, 2026, Petitioner filed a Declaration of Compliance with Code Civ. Proc. § 1286. And on March 5, 2026, Petitioner filed a Proposed Judgment on the petition. Petitioner served Respondents with the declaration and proposed judgement by mail on March 2, 2026. (See Proofs of Service, filed on March 4, 2026.)
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On March 11, 2026, Petitioner filed proofs of service indicating Respondents were served on March 10, 2026, with notice of the hearing on the petition, to be held on May 26, 2026.
May 26, 2026 Law and Motion Calendar PAGE 21 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________ Respondent has not appeared.
LEGAL ANALYSIS
An arbitration award is not a judgment, and it has no legal effect until a court confirms the award. “An award that has not been confirmed or vacated has the same force and effect as a contract in writing between the parties to the arbitration.” (Code Civ. Proc., § 1287.6.) An award that is confirmed becomes a judgment entered in conformity with the terms of the award. (Code Civ. Proc., § 1287.4.)
After an award has been made, any party may petition the court to confirm, correct or vacate the award. (Code Civ. Proc., § 1285.) “A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner.” (Code Civ. Proc., § 1288.)
A petition to confirm an arbitration award must (a) 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; (b) set forth the names of the arbitrators; and, (c) set forth or have attached a copy of the award and the written opinion of the arbitrators, if any. (Code Civ. Proc., § 1285.6.)
Allegations of the petition are deemed admitted by all respondents unless a response is served and filed. (Code Civ. Proc., § 1290.) The response must be served and filed within ten (10) days after service of the petition or within 30 days if the respondent was served outside California. (Code Civ. Proc., § 1290.6.)
Here, the parties entered a written agreement which included an arbitration provision on June 27, 2025. (Pet., 4(b).) A Final Award was entered by Arbitrator David J. Dameon, Esq., on November 25, 2025, in favor of Petitioner. The Final Award awarded Petitioner $27,955.13, to be paid by Respondents.
Petitioner has satisfied the requirements of Section 1285.6. Respondent was served with the petition and related documents and has not filed an opposition to the petition or otherwise appeared in this matter. The allegations in the petition are therefore deemed admitted. (Code Civ. Proc., § 1290.)
Petitioner’s Petition to Confirm the Arbitration Award (“Final Award”) is GRANTED.
If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, counsel for Petitioner may prepare and submit a proposed judgment for the court’s review and signature, pursuant to California Rules of Court, rule 3.1312. Petitioners’ counsel shall provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.