Petition to Confirm Arbitration Award
26CV187392: SAFARI KID FRANCHISING LLC vs CHIDA AND COMPANY LLC, et al. 06/09/2026 Hearing on Petition to Confirm Arbitration Award CRS# A-187392-001 in Department 514
Tentative Ruling - 06/05/2026 Julie Wilensky
Safari Kid Franchising LLC (Petitioner) brings this petition to confirm an arbitration award.
The arbitration was conducted by Francis J. Burke, Jr. of the American Arbitration Association (AAA). On 4/3/2026,Arbitrator Burke issued an Award in favor of Petitioner in the amount of$744,259.65. (Pet. Att. 8(c).) AAA served the Award on 4/3/2026. (Pet. ¶ 9(a).)
Petitioner has complied with the statutory filing requirements under Code of Civil Procedure section 1285.4. If a petition to confirm an arbitration award is filed, the court shall confirm the award as made . . . unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding. (CCP § 1286.)A petition to vacate or correct an award must be served and filed by the respondent or respondents representative not later than 100 days after service of the signed award. (CCP § 1288.2.)The Court has not received a request to correct or vacate the Award.
The Court is inclined to grant this petition and confirm the Award. However, Petitioner served the petition and notice of hearing by email, which does not comply with statutory requirements.
CCP section 1290.4(a) provides that a copy of the petition and written notice of hearing shall be served in the manner provided in the arbitration agreement for the service of such petition and notice. If the arbitration agreement does not specify the manner for service, and the respondent has not appeared in the confirmation proceeding, [s]ervice within this State shall be made in the manner provided by law for the service of summons in an action. (CCP § 1290.4(b).) Email service is insufficient absent evidence of a prior agreement by Respondents counsel to receive service by email on behalf of the Respondent.
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The petition is CONTINUED to 6/30/2026 at 2:00 p.m. in Department 514 of the Hayward Hall of Justice, in Hayward, California.
On or before 6/16/2026, Petitioner shall file proof of service of the petition along with a copy of this order, which shall serve as notice of the continued hearing date and time. Notice shall be given pursuant to CCP section 1290.4. Alternatively, Petitioner may file a declaration evidencing an agreement by Respondents counsel to receive service of the petition by email, if such an agreement exists.
The Hearing on Petition to Confirm Arbitration Award CRS# A-187392-001 scheduled for 06/09/2026 is continued to 06/30/2026 at 02:00 PM in Department 514 at Hayward Hall of Justice. 26CV187392: SAFARI KID FRANCHISING LLC vs CHIDA AND COMPANY LLC, et al. 06/09/2026 Hearing on Petition to Confirm Arbitration Award CRS# A-187392-001 in Department 514
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