Stout Risius Ross, LLC vs. Omega Accounting Solutions, Inc.
Case Information
Motion(s)
petition to confirm contractual arbitration award
Motion Type Tags
Petition
Parties
- Plaintiff: Stout Risius Ross, LLC
- Defendant: Omega Accounting Solutions, Inc.
Ruling
total amount of $90,522, which comes from the $81,925.00 arbitration award plus $8,596.51 in interest. Counsel for Petitioner is ordered to prepare and file a proposed judgment based on the above and to give notice of this ruling.
3. Stout Risius Ross, LLC vs. Omega Accounting Solutions, Inc. 2026-01547660 Before the court is a petition to confirm contractual arbitration award filed on February 11, 2026, by petitioner Stout Risius Ross, LLC (Petitioner). By this petition, Petitioner seeks to confirm the arbitration award issued in its favor and against respondent Omega Accounting Solutions, Inc. by arbitrator Hon. Glenda Sanders (Ret.) on January 20, 2026. As set forth below, the petition is GRANTED.
Any party to an arbitration in which an award has been made may petition the court to confirm, correct, or vacate that award. (Code Civ. Proc., § 1285.) 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. [¶] (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.” (Code Civ. Proc., § 1285.4.) Pursuant to Code of Civil Procedure section 1286, if a petition to confirm an arbitration award 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.”
Here, Petitioner duly served and filed its petition to confirm the arbitration award, and the petition complies with Code of Civil Procedure section 1285.4 by setting forth the name of the arbitrator—Hon. Glenda Sanders (Ret.) of JAMS—and attaching a copies of (1) the parties’ agreement which includes an arbitration clause and (2) the arbitration award.
Respondent argues the petition fails to comply with Code of Civil Procedure section 1288.4, which requires a 10-day waiting period after service of the award on any petitioner, because Petitioner filed the petition on February 11, 2026, before serving the award on Respondent on March 24, 2026. Respondent misreads the statute. Under Code of Civil Procedure section 1283.6, it is the duty of the arbitrator to serve a signed copy of the award on each party to the arbitration. Code of Civil Procedure section 1288.4 provides: “No petition may be served and filed under this chapter until at least 10 days after service of the signed copy of the award upon the petitioner.” (Emphasis added).
Thus, the 10-day waiting period is triggered upon service of the award by the arbitrator on the petitioner, not service of the award by petitioner on the respondent. The petition states the award was served by the arbitrator on January 21, 2026, which is 10 days before the filing of the petition on February 11, 2026. (ROA 2 at ¶ 9.) Respondent failed to produce any evidence to the contrary. Petitioner complied with Section 1288.4.
Respondent provided no other argument why the petition should not be confirmed, nor did Respondent move to correct or vacate the award. Based on the foregoing, the GRANTS the petition and CONFIRMS the award. Petitioner’s counsel is ordered to submit a proposed judgment and to give notice of this ruling.
4. Forward Financing LLC vs. Panoramic Security 2026-01545900 Before the court is the petition by petitioner Forward Financing, LLC (Petitioner) to confirm the arbitration award in the amount of $136,170.79 entered in its favor and against respondents Panoramic Security dba Scentaura and Myung Son, jointly and severally (collectively, Respondents).
Code of Civil Procedure section 1290.2 provides, “A petition under this title shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days’ notice of the date set for the hearing on the petition shall be given.” Once a party to an arbitration files a petition to confirm, correct, or vacate an award, a response must be filed and served within 10 days after service of the petition, unless a judge extends, or both parties agree to extend, this deadline. (Code Civ. Proc., § 1290.6). If a response is not filed by the deadline, the allegations of the petition are deemed admitted by the respondent. (Code Civ. Proc., § 1290.)
Here, there has been no response to the petition by Respondents. Further, the court finds the petition complies with the requirements of Code of Civil Procedure section 1285.4. A copy of the Future Receipts Sales Agreement (FRSA) is attached as Exhibit 6(b) to the Petition. Section 10 of the FRSA contains the mandatory arbitration provision. The Petition sets forth the name of the arbitrator, Julie D. Elkins, Esq. Finally, a copy of the Resolute Systems