This case was last updated from Los Angeles County Superior Courts on 10/09/2021 at 11:54:36 (UTC).

CELL-CRETE CORPORATION., A CALIFORNIA CORPORATION VS 813 SOUTH FLOWER STREET, ASSOCIATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

Case Summary

On 07/06/2020 CELL-CRETE CORPORATION , A CALIFORNIA CORPORATION filed an Other lawsuit against 813 SOUTH FLOWER STREET, ASSOCIATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5647

  • Filing Date:

    07/06/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

CELL-CRETE CORPORATION. A CALIFORNIA CORPORATION

Defendant and Cross Plaintiff

813 SOUTH FLOWER STREET ASSOCIATES LLC A CALIFORNIA LIMITED LIABILITY COMPANY

Cross Defendant

SHANGRI-LA CONSTRUCTION L.P.

Attorney/Law Firm Details

Plaintiff Attorneys

BRAULT DAVID

YUN ELIJAH JIN

Defendant and Cross Plaintiff Attorneys

SANDE PAUL W.

RAYBURN PAUL V.

Cross Defendant Attorney

BREUCOP PAUL AARON

 

Court Documents

Complaint - Complaint

7/6/2020: Complaint - Complaint

Notice of Motion - Notice of Motion

9/23/2021: Notice of Motion - Notice of Motion

Separate Statement - Separate Statement

9/23/2021: Separate Statement - Separate Statement

Declaration (name extension) - Declaration of Elijah Yun in Support of Cell-Crete.s Notice of Motion for Order Compelling Further Resps. to Its Req. for Prod. of Docs.

9/23/2021: Declaration (name extension) - Declaration of Elijah Yun in Support of Cell-Crete.s Notice of Motion for Order Compelling Further Resps. to Its Req. for Prod. of Docs.

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

9/23/2021: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Notice of Ruling - Notice of Ruling

9/23/2021: Notice of Ruling - Notice of Ruling

Declaration (name extension) - Declaration of Elijah Yun in Support of Cell-Crete.s Motion for Order Compelling Further Resps. to Its Req. for Admissions

9/23/2021: Declaration (name extension) - Declaration of Elijah Yun in Support of Cell-Crete.s Motion for Order Compelling Further Resps. to Its Req. for Admissions

Notice of Motion - Notice of Motion

9/23/2021: Notice of Motion - Notice of Motion

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

9/23/2021: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Separate Statement - Separate Statement

9/23/2021: Separate Statement - Separate Statement

Minute Order - Minute Order (Case Management Conference; Hearing on Motion for Stay of Pro...)

9/20/2021: Minute Order - Minute Order (Case Management Conference; Hearing on Motion for Stay of Pro...)

Order (name extension) - Order RE: DEFENDANT 813 SOUTH FLOWER STREET ASSOCIATES, LLCS MOTION TO STAY PROCEEDINGS

9/20/2021: Order (name extension) - Order RE: DEFENDANT 813 SOUTH FLOWER STREET ASSOCIATES, LLCS MOTION TO STAY PROCEEDINGS

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

9/16/2021: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Declaration (name extension) - Declaration OF ELIJAH YUN IN SUPPORT OF CELL-CRETES MOTION FOR ORDER COMPELLING FURTHER RESPS. TO ITS REQ. FOR ADMISSIONS, SET 1

9/16/2021: Declaration (name extension) - Declaration OF ELIJAH YUN IN SUPPORT OF CELL-CRETES MOTION FOR ORDER COMPELLING FURTHER RESPS. TO ITS REQ. FOR ADMISSIONS, SET 1

Separate Statement - Separate Statement

9/16/2021: Separate Statement - Separate Statement

Notice (name extension) - Notice AMENDED NOTICE OF CELL-CRETE MOTION FOR ORDER COMPELLING FURTHER RESPS. TO ITS REQ. FOR PROD. OF DOCS., SET ONE AND REQ. FOR MON. SANCS.

9/14/2021: Notice (name extension) - Notice AMENDED NOTICE OF CELL-CRETE MOTION FOR ORDER COMPELLING FURTHER RESPS. TO ITS REQ. FOR PROD. OF DOCS., SET ONE AND REQ. FOR MON. SANCS.

Notice of Change of Firm Name - Notice of Change of Firm Name

9/16/2021: Notice of Change of Firm Name - Notice of Change of Firm Name

Case Management Statement - Case Management Statement

9/2/2021: Case Management Statement - Case Management Statement

54 More Documents Available

 

Docket Entries

  • 06/21/2022
  • Hearing06/21/2022 at 08:30 AM in Department 26 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

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  • 05/24/2022
  • Hearing05/24/2022 at 08:30 AM in Department 26 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

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  • 12/08/2021
  • Hearing12/08/2021 at 08:30 AM in Department 26 at 111 North Hill Street, Los Angeles, CA 90012; Post-Arbitration Status Conference

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  • 09/27/2021
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Further Discovery Responses scheduled for 06/28/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 09/27/2021

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  • 09/24/2021
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 06/21/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 26

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  • 09/24/2021
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 05/24/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 26

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  • 09/23/2021
  • DocketNotice of Ruling; Filed by: 813 SOUTH FLOWER STREET, ASSOCIATES, LLC, a California limited liability company (Defendant)

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  • 09/23/2021
  • DocketMotion to Compel Further Discovery Responses; Filed by: CELL-CRETE CORPORATION., a California corporation (Plaintiff); As to: 813 SOUTH FLOWER STREET, ASSOCIATES, LLC, a California limited liability company (Defendant)

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  • 09/23/2021
  • DocketDeclaration of Elijah Yun in Support of Cell-Crete.s Motion for Order Compelling Further Resps. to Its Req. for Admissions; Filed by: CELL-CRETE CORPORATION., a California corporation (Plaintiff)

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  • 09/23/2021
  • DocketNotice of Motion; Filed by: CELL-CRETE CORPORATION., a California corporation (Plaintiff)

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83 More Docket Entries
  • 08/17/2020
  • DocketAnswer; Filed by: 813 SOUTH FLOWER STREET, ASSOCIATES, LLC, a California limited liability company (Defendant); As to: CELL-CRETE CORPORATION., a California corporation (Plaintiff)

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  • 07/23/2020
  • DocketProof of Service by Substituted Service; Filed by: CELL-CRETE CORPORATION., a California corporation (Plaintiff); As to: 813 SOUTH FLOWER STREET, ASSOCIATES, LLC, a California limited liability company (Defendant); Proof of Mailing Date: 07/17/2020; Service Cost: 90.04; Service Cost Waived: No

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  • 07/07/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/10/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/07/2020
  • DocketNon-Jury Trial scheduled for 01/03/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/07/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 07/06/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/06/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/06/2020
  • DocketCivil Case Cover Sheet; Filed by: CELL-CRETE CORPORATION., a California corporation (Plaintiff); As to: 813 SOUTH FLOWER STREET, ASSOCIATES, LLC, a California limited liability company (Defendant)

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  • 07/06/2020
  • DocketSummons on Complaint; Issued and Filed by: CELL-CRETE CORPORATION., a California corporation (Plaintiff); As to: 813 SOUTH FLOWER STREET, ASSOCIATES, LLC, a California limited liability company (Defendant)

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  • 07/06/2020
  • DocketComplaint; Filed by: CELL-CRETE CORPORATION., a California corporation (Plaintiff); As to: 813 SOUTH FLOWER STREET, ASSOCIATES, LLC, a California limited liability company (Defendant)

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Tentative Rulings

b'

Case Number: 20STLC05647 Hearing Date: September 20, 2021 Dept: 26

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Superior Court of California

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County of Los Angeles

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Department 26

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CELL-CRETE\r\n CORPORATION,

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Plaintiff,

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vs.

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813 SOUTH FLOWER STREET ASSOCIATES, LLC, et al.,\r\n

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Defendants.

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Case No.: 20STLC05647

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[Related to Lead\r\n Case No. 20STCV13358 and Case Nos. 20STCV18685; 20STCV21677; 20STCV22051;\r\n 20STCV26871; 20STCV27422]

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Hearing Date: September 20, 2021

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[TENTATIVE] order RE:

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defendant 813 south flower street\r\n associates, llc’s motion to stay proceedings

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Background

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On July 6, 2020, Plaintiff Cell-Crete\r\nCorporation (“Cell-Crete”) filed the action against defendant 813 South Flower\r\nStreet Associates, LLC (“Owner”) asserting a single cause of action for (1)\r\nForeclosure of a Mechanic’s Lien.

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The\r\ncomplaint alleges that Cell-Crete was hired as a subcontractor with Courtney\r\nWaterproofing who were general contractors and installed specialty concrete at\r\na construction project on a property owned by Owner. (Complaint ¶¶ 6-7.) The price of the labor was $5,5640.10, and\r\nCell-Crete recorded a mechanics lien for said amount. (Complaint ¶¶ 8-15.)

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On August 25, 2020, Owner filed a\r\ncross-complaint against Cross-Defendant Shangri-La Construction, L.P. for\r\nindemnity and declaratory relief. On\r\nSeptember 3, 2020, the instant action was deemed related to Case Nos. 20STCV13358,\r\n20STCV18685, 20STCV21677, 20STCV22051, 20STCV26871, and 20STCV27422 with Case\r\nNo. 20STCV13358 as the lead case and transferred to the instant\r\ndepartment. (Minute Order 9/3/20.) On December 15, 2020, Owner and\r\nCross-Defendant Shangri-La Construction, L.P. filed a stipulation to stay the\r\ncross-complaint pending arbitration, which the Court granted on December 18,\r\n2020.

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On March 1, 2021, Owner filed the\r\ninstant motion to stay the instant action pending arbitration of the\r\ncross-complaint and related actions under Code of Civil Procedure section\r\n1281.4. On June 25, 2021, Owner filed a\r\nrequest for dismissal of the cross-complaint. \r\nOn September 3, 2021, Cell-Crete filed an opposition. On September 13, 2021, Owner filed a reply.

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Request for\r\nJudicial Notice

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Owner requests\r\nthat the court take judicial notice of:

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  1. Complaint filed by Shangri-La\r\nConstruction, L.P. on May 15, 2020 in Los Angeles Superior Court, Case No.\r\n20STCV18685.

  2. Order on Stipulation for Stay of Action\r\nand Arbitration entered on November 10, 2020 in Courtney, Inc. v. Shangri-La\r\nConstruction, LP, et al., in Los Angeles Superior Court, Case No.\r\n20STCV27422.

  3. Order on Stipulation for Stay of Action\r\nand Arbitration entered on December 8, 2020 in Allied Subcontractors Corp.\r\nv. Shangri-La Construction, LP, et al., in Los Angeles Superior Court, Case\r\nNo. 20STCV13358.

  4. Order on Stipulation for Stay of Action\r\nand Arbitration entered on February 3, 2021 in Master Craft Iron Co, Inc. v.\r\n813 South Flower Street Associates, LLC, et al., in Los Angeles Superior\r\nCourt, Case No. 20STCV22051.

  5. Order on Stipulation for Stay of Action\r\nand Arbitration entered on December 22, 2020 in MG Mako, Inc. v. Shangri-La\r\nConstruction, L.P., et al., in Los Angeles Superior Court, Case No.\r\n20STCV25667

  6. Order on Stipulation for Stay of Action\r\nand Arbitration entered on December 9, 2020 in California Flooring &\r\nConstruction, Inc. v. Shangri-La Construction, L.P., et al., in Los Angeles\r\nSuperior Court, Case No. 20STCV26871.

  7. Order on Stipulation for Stay of Action\r\nand Arbitration entered on November 2, 2020 in Certified Tile, Inc. v.\r\nShangri-La Construction, L.P., et al., in Los Angeles Superior Court, Case\r\nNo. 20STCV25803.

  8. Notice of Ruling on Shangri-La\r\nConstruction, L.P.’s Motion to Compel Arbitration and Stay Pending Resolution\r\nof Arbitration filed on February 25, 2021 in Pacific Coast Cleaning, Inc. v.\r\n813 South Flower Street Associates, LLC, et al., in Los Angeles Superior\r\nCourt, Case No. 20STCV26527.

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As the\r\nCourt may take judicial notice of court records and actions of the State, (See\r\nEvid. Code, § 452(c)(d)), Defendant’s unopposed request for judicial notice is\r\ngranted. However, the Court will not\r\ntake judicial notice of the truth of assertions within. (See Herrera v. Deutsche Bank\r\nNational Trust Co. (2011) 196 Cal.App.4th 1366, 1375.)

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Legal Standard

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Pursuant to Code of Civil Procedure section 1281.4,\r\n“[i]f a court of competent jurisdiction, …, has ordered arbitration of a\r\ncontroversy which is an issue involved in an action or proceeding pending\r\nbefore a court of this State, the court in which such action or proceeding is\r\npending shall, upon motion of a party to such action or proceeding, stay the\r\naction or proceeding until an arbitration is had in accordance with the order\r\nto arbitrate or until such earlier time as the court specifies.” (Id.) \r\n

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“The clear language of the statute compels the\r\nconclusion that any party to a judicial proceeding, whether a party to an\r\narbitration agreement or not, is entitled to a stay of those proceedings\r\nwhenever (1) the arbitration of a controversy has been ordered, and (2) that\r\ncontroversy is also an issue involved in the pending judicial action. It is\r\nirrelevant under the statute whether the movant is a party to the arbitration\r\nagreement.” (Marcus v. Superior Court (1977)\r\n75 Cal.App.3d 204, 209.) “[A] single\r\noverlapping issue is sufficient to require imposition of a stay.” (Heritage Provider Network, Inc. v.\r\nSuperior Court (2008) 158 Cal.App.4th 1146, 1153.)

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“The purpose of the statutory stay is to protect the\r\njurisdiction of the arbitrator by preserving the status quo until arbitration\r\nis resolved.” (Federal Ins. Co. v.\r\nSuperior Court (Mackey) (1998) 60 Cal.App.4th 1370, 1374.)

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Discussion

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“[Shangri-La Construction, L.P. (‘SLC’)],\r\nas the general contractor, and Owner, as the owner of the Project, entered into\r\nan agreement in connection with the Project (the ‘Prime Contract’). SLC and\r\nCourtney, Inc. (‘Courtney’) entered into a Subcontract whereby Courtney agreed\r\nto provide waterproofing, roofing and sheet metal work on the Project.\r\nCell-Crete then contracted with Courtney to install specialty concrete (the ‘Subcontract’).\r\nThe Prime Contract requires binding arbitration of disputes, and further\r\nrequired SLC to include arbitration provisions in each of its subcontract\r\nagreements.” (Sande Decl. ¶ 6.)

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On May 15, 2020, SLC filed a complaint in\r\nthe related action, Shangri-La Construction, L.P. v. 813 South Flower Street\r\nAssociates, LLC (Case No. 20STCV18685) (“SLC Action”), against Owner for\r\n(1) Breach of Contract, (2) Quantum Meruit, (3) Foreclosure of Mechanic’s Lien,\r\n(4) Implied Contractual Indemnity, and (5) Intentional Misrepresentation. (Request for Judicial Notice “RJN” 1.) On July 8, 2020, in the SLC Action, SLC and\r\nOwner entered into a stipulation to arbitrate their claims. (Sande Decl. ¶ 3.) On July 27, 2020, SLC filed a Demand for\r\nArbitration with the American Arbitration Association regarding the claims\r\nraised in the SLC Action. (Sande Decl. ¶\r\n4.)

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On November 9, 2020, in the related action\r\nfiled by Courtney against SLC, Owner, and American Contractors Indemnity\r\nCompany, entitled Courtney, Inc. v. Shangri-La Construction, L.P., et al.\r\n(Case No. 20STCV27422) (“Courtney Action”), the Court granted the parties’\r\nstipulation to arbitrate the claims pursuant to the Prime Contract and stay the\r\nCourtney Action. (RJN 2.) Similarly, most of the related actions and\r\nactions not related including subcontractors on the project have all been\r\nordered to arbitration and have been stayed including:

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  1. Lead\r\naction Allied Subcontractors Corp. v. Shangri-La Construction, LP, et al.\r\n(Case No. 20STCV13358), ordered to arbitration on December 8, 2020 (RJN 3.)

  2. Related\r\nAction Master Craft Iron Co, Inc. v. 813 South Flower Street Associates,\r\nLLC, et al. (Case No. 20STCV22051), ordered to arbitration on February 3,\r\n2021. (RJN 4.)

  3. MG\r\nMako, Inc. v. Shangri-La Construction, L.P., et al.\r\n(Case No. 20STCV25667), ordered to arbitration on December 22, 2020. (RJN 5.)

  4. Related\r\nAction California Flooring & Construction, Inc. v. Shangri-La\r\nConstruction, L.P., et al. (Case No. 20STCV26871), ordered to arbitration\r\non December 9, 2020. (RJN 6.)

  5. Certified\r\nTile, Inc. v. Shangri-La Construction, L.P., et al.\r\n(Case No. 20STCV25803), ordered to arbitration on November 2, 2020. (RJN 7.)

  6. Pacific\r\nCoast Cleaning, Inc. v. 813 South Flower Street Associates, LLC, et al.\r\n(Case No. 20STCV26527), ordered to arbitration on February 25, 2021. (RJN 8.)

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“Each of the Related Actions share similar\r\ncontroversies in that they all arise out of the Project and the various claims\r\nthat the Owner and SLC have asserted against each other including, without\r\nlimitation, claims for delays to the Project.” \r\n(Sande Decl. ¶ 9.)

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In opposition, Cell-Crete does not dispute\r\nthat the instant action arises from the same issue but rather, contends that\r\nthe issue is moot, and that the arbitration will not occur as the parties have essentially\r\nsettled. Here, Owner has represented to\r\nCell-Crete that the case is on the verge of settling and that the parties have\r\nreached a settlement many times. (Yun\r\nDecl. ¶¶ 5, 6, 8, Exs. B-D.) Moreover,\r\nOwner represented to Cell-Crete that “[Owner] and SLC had entered\r\ninto a global settlement agreement and that SLC would be closing out the\r\nsubcontractor claims.” (Yun Decl. ¶ 8,\r\nEx. D.)

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However, while Owner and SLC may have\r\nsettled their claims, there is no evidence that the other related actions have\r\nsettled. In fact, the email quoted by\r\nstates that, “Owner and SLC have now entered into a global settlement agreement\r\nand SLC will be, if not already, closing out the subcontractor claims. (Yun Decl., Ex. D.) Thus, while a settlement agreement has been\r\nreached between SLC and Owner, the other actions are still pending. In fact, the action with the general\r\ncontractor that hired Cell-Crete is currently still pending and awaiting\r\narbitration, (Case No. 20STCV27422). \r\nAccordingly, given that arbitration has been ordered in the Courtney\r\nAction, the arbitration in the Courtney Action\r\nis still pending, and the arbitration directly involves related to the instant\r\naction, Owner’s motion to stay is GRANTED.

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Conclusion and ORDER

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Based\r\non the foregoing, Defendant 813 South Flower Street Associates, LLC’s motion\r\nfor stay is GRANTED. The instant action\r\nis stayed pending the completion of the arbitration pending before the American\r\nArbitration Association (“AAA”) (AAA Case No: 02-20- 0005-0175).

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The\r\nMoving party is to give notice of this order and file proof of service of such.

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DATED: September 20, 2021 ___________________________

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Elaine Lu

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Judge of the Superior Court

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