Case Number: EC066526 Hearing Date: February 01, 2019 Dept: A
Ousbel v ACG Foods, LLC
PETITION TO CONFIRM ARBITRATION AWARD
Calendar: 9
Case No: EC066526
Hearing Date: 2/1/19
Action Filed: 4/4/17
MP: Plaintiff Roxanne Ousbel
RP: None
ALLEGATIONS:
Plaintiff Roxanne Ousbel was an employee of Defendants in a Chick-Fil-A restaurant. Plaintiff suffered an injury at work, she went to the emergency department and was advised by the doctor that she needed to refrain from work for three days so that she could heal. When Plaintiff provided the doctor’s note to her supervisor, he cut her hours. Plaintiff then became pregnant. When Plaintiff informed Defendants that she was pregnant and requested an accommodation of time off, Defendants terminated her employment.
The complaint, filed April 4, 2017, alleges causes of action for: (1) Violation of Government Code section 12940 – Pregnancy Discrimination; (2) Violation of Government Code section 12945 – Failure to Prevent Pregnancy Discrimination; (3) Violation of Government Code section 12960 – Retaliation; (4) Violation of Government Code section 12926 – Failure to Accommodate; (5) Defamation; (6) Failure to Provide Sick Leave; and (7) Retaliation/Discrimination for use of Paid Sick Leave.
RELIEF REQUESTED:
Plaintiff moves to confirm the arbitration award.
ANALYSIS:
Legal Standard
CCP §1285 permits a party to an arbitration in which an award has been made to petition the Court to confirm, correct or vacate the award.
CCP §1285.4 requires the petition to:
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;
Set forth names of the arbitrators; and
Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.
(CCP §1285.4.)
CCP §1286 states that if the petition is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state. CCP §1287.4 states that once confirmed, an award is enforceable as a judgment.
Plaintiff moves to confirm the arbitration award against Defendant ACG Foods, LLC (“ACG”).
Under CCP §1290.2, not less than 10 days’ notice must be provided to the responding party before any hearing on the confirmation petition.
Here, more than 10 days’ notice of this hearing was provided to Defendants, as the petition was served on December 21, 2018 (and additional notice of this hearing and an OSC hearing date were provided on January 2, 2019) and the hearing is set for February 1, 2019. Thus, the motion was timely filed and served.
In compliance with CCP §1285.4, the petition includes:
A copy of the Agreement for At-Will Employment and Arbitration (i.e., the underlying written agreement between the parties), which is attached to the petition as Attachment 4(b).
The arbitrator is identified as Michael D. Young, Esq. (See Pet., ¶6.) The arbitration took place at Judicate West on June 5-8, 2018. (Pet., ¶ 7.)
A copy of the Final Statement of Decision by the arbitrator is attached as Attachment 8(c) to the petition.
Thus, the requirements under CCP §1285.4 have been met.
The arbitrator ordered ACG to pay Plaintiff $8,206.38 in lost wages, $2,329.47 in expenses, $1,580.38 in pre-award interest, and $60,000 in non-economic damages, for a total of $72,116.23 as of July 26, 2018. The Final Statement of Decision was served on the parties on July 27, 2018.
The arbitrator thereafter issued a Final Decision and Award on Motion for Attorneys Fees and Costs, finding that Plaintiff was entitled to attorney’s fees and costs in the amount of $246,917.03 (i.e., $156,615.00 lodestar amount, with a 1.33 multiplier, such that total fees was $208,297.95; and costs were in the amount of $38,619.08). (Pet., Attachment 8(c).) The Final Decision and Award on Motion for Attorneys Fees and Costs was served on the parties on December 11, 2018.
Thus, total, Plaintiff seeks to confirm the award of $319,033.26 and to enter judgment according to the award. Based on the above, there is substantive merit to granting this motion.
In addition, the motion is not opposed and ACG has not filed a petition to vacate the award within 100 days of service of the signed award. “A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner.” (CCP §1288.)
(The Court notes that 100 days from July 27, 2018 is November 4, 2018, and 100 days from December 11, 2018 is March 21, 2019.)
RULING:
Grant Plaintiff’s petition to confirm the arbitration award and enter judgment according to the award.