This case was last updated from Los Angeles County Superior Courts on 10/02/2021 at 06:15:10 (UTC).

DIRECTORS GUILD OF AMERICA, INC. VS STUCK SUBWAY MOVIE, INC., ET AL.

Case Summary

On 12/21/2020 DIRECTORS GUILD OF AMERICA, INC filed an Other - Arbitration lawsuit against STUCK SUBWAY MOVIE, INC . This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4178

  • Filing Date:

    12/21/2020

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Arbitration

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

DIRECTORS GUILD OF AMERICA INC.

Respondents

STUCK SUBWAY MOVIE INC.

MJW FILMS LLC

STUCK PRODUCTIONS LLC

Attorney/Law Firm Details

Petitioner Attorney

KIM MICHELLE

 

Court Documents

Judgment - Judgment Proposed

4/29/2021: Judgment - Judgment Proposed

Notice (name extension) - Notice of Entry of Judgment

5/6/2021: Notice (name extension) - Notice of Entry of Judgment

Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

4/26/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 04/26/2021

4/26/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 04/26/2021

Notice of Ruling - Notice of Ruling

4/27/2021: Notice of Ruling - Notice of Ruling

Proof of Service by Mail - Proof of Service by Mail

4/7/2021: Proof of Service by Mail - Proof of Service by Mail

First Amended Standing Order - First Amended Standing Order

12/21/2020: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

12/21/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

12/21/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Civil Case Cover Sheet - Civil Case Cover Sheet

12/21/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

12/21/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12/21/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

12/23/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

1 More Documents Available

 

Docket Entries

  • 05/06/2021
  • DocketNotice of Entry of Judgment; Filed by: Directors Guild of America, Inc. (Petitioner); As to: Stuck Subway Movie, Inc. (Respondent); Stuck Productions, LLC (Respondent); MJW Films, LLC (Respondent)

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  • 05/05/2021
  • DocketNon-Appearance Case Review Re: Filing of Proposed Judgment scheduled for 05/18/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 05/05/2021

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  • 04/29/2021
  • DocketUpdated -- Judgment Proposed: Filed By: Directors Guild of America, Inc. (Petitioner); Result: Granted; Result Date: 04/29/2021

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  • 04/29/2021
  • DocketUpdated -- Judgment Proposed: Status Date changed from 04/27/2021 to 04/29/2021; Result Date changed from 04/29/2021 to 04/29/2021; As To Parties changed from Stuck Subway Movie, Inc. (Respondent), MJW Films, LLC (Respondent), Stuck Productions, LLC (Respondent) to Stuck Productions, LLC (Respondent), Stuck Subway Movie, Inc. (Respondent), MJW Films, LLC (Respondent)

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  • 04/29/2021
  • DocketCourt orders judgment entered for Petitioner Directors Guild of America, Inc. against Respondent Stuck Subway Movie, Inc., Respondent Stuck Productions, LLC and Respondent MJW Films, LLC on the Petition filed by Directors Guild of America, Inc. on 12/21/2020 for the principal amount of $17,317.48, costs of $820.00, and other $983.37 for a total of $19,120.85.; Other: Late charges at the rate of $5.69 per day until paid in full. Interest at the rate of ten percent (10%) per year shall accrue on all unpaid amounts.

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  • 04/27/2021
  • DocketNotice of Ruling; Filed by: Directors Guild of America, Inc. (Petitioner)

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  • 04/26/2021
  • DocketNon-Appearance Case Review Re: Filing of Proposed Judgment scheduled for 05/18/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 04/26/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 04/26/2021
  • DocketCertificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 04/26/2021; Filed by: Clerk

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  • 04/26/2021
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 04/26/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/26/2021; Result Type to Held - Motion Granted

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2 More Docket Entries
  • 12/24/2020
  • DocketUpdated -- Notice of Hearing on Petition: As To Parties: removed

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  • 12/23/2020
  • DocketNotice of Hearing on Petition; Filed by: Directors Guild of America, Inc. (Petitioner)

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  • 12/21/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Directors Guild of America, Inc. (Petitioner); As to: Stuck Subway Movie, Inc. (Respondent); Stuck Productions, LLC (Respondent); MJW Films, LLC (Respondent)

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  • 12/21/2020
  • DocketCivil Case Cover Sheet; Filed by: Directors Guild of America, Inc. (Petitioner); As to: Stuck Subway Movie, Inc. (Respondent); Stuck Productions, LLC (Respondent); MJW Films, LLC (Respondent)

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  • 12/21/2020
  • DocketCivil Case Cover Sheet; Filed by: Directors Guild of America, Inc. (Petitioner); As to: Stuck Subway Movie, Inc. (Respondent); Stuck Productions, LLC (Respondent); MJW Films, LLC (Respondent)

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  • 12/21/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 12/21/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/21/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/21/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 04/26/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 12/21/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP04178    Hearing Date: April 26, 2021    Dept: 25

HEARING DATE: Mon., April 26, 2021 JUDGE /DEPT: Chilton/25

CASE NAME: Directors Guild of America v. Stuck Subway Movie, Inc., et al.

CASE NUMBER: 20STCP04178 PET. FILED: 12-21-20

NOTICE: OK

PROCEEDINGS: PETITION FOR CONFIRMATION OF ARBITRATION AWARD AND FOR ENTRY OF JUDGMENT IN CONFORMITY THEREWITH

MOVING PARTY: Petitioner Directors Guild of America, Inc.

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Directors Guild of America’s Petition for Confirmation of Arbitration Award and for Entry of Judgment in Conformity Therewith is GRANTED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of April 21, 2021 [ ] Late [X] None

REPLY: None filed as of April 21, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On September 22, 2020, Arbitrator Mark Burstein (the “Arbitrator”) with the Directors Guild of America-Producers Arbitration Tribunal issued an award in favor of Petitioner Directors Guild of America, Inc. (“Petitioner”) and against Respondents Stuck Subway Movie, Inc. (“Stuck, Inc.”), Stuck Productions, LLC (“Stuck, LLC”), and MJW Films, LLC (“MJW”) (collectively, “Respondents”). The Award requires Respondents to pay Petitioner residuals in the amount of $17,317.48 and late charges of $983.37 as of September 21, 2020, which continue to accrue at a rate of $5.69 per day until the residuals are paid in full. (Pet., ¶ 11, Exh. B.) The Award also provides that Petitioner is entitled to receive all of Respondents’ accounts receivable from the worldwide exploitation, distribution, or other use of the film “Stuck” until the Award is paid in full and that Petitioner may give notice of its entitlement to any entity from which Respondents’ accounts receivable are or will be due. (Id.) Furthermore, Respondents are required to reimburse Petitioner arbitrator fees of $325.00. (Id.)

Petitioner filed the instant Petition for Confirmation of Arbitration Award and for Entry of Judgment in Conformity Therewith (the “Petition”) on December 21, 2020. No opposition was filed.

II. Legal Standard

“Regardless of the particular relief granted, any arbitrator’s award is enforceable only when confirmed as a judgment of the superior court.” (O’Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.) “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.) It is well settled that the scope of judicial review of arbitration awards is extremely narrow.” (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.) “Neither the trial court, nor the appellate court, may ‘review the merits of the dispute, the sufficiency of the evidence, or the arbitrator’s reasoning, nor may we correct or review an award because of an arbitrator’s legal or factual error, even if it appears on the award’s face.” (EHM Productions, supra, at p. 1063-64.)

III. Discussion

A. Filing Requirements (Code Civ. Proc., § 1285.4)

Code of Civil Procedure, section 1285.4 states: “A petition under this chapter shall:

(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.”

Petitioner provides evidence that the parties’ relationship is governed by the Directors Guild of America, Inc., 2011-2014 Basic Agreement (the “Basic Agreement”). (Pet., ¶¶6, 8, 12, Exhs. A, B.) The Basic Agreement includes an arbitration provision. (Id.) Petitioner also includes a copy of the Arbitration Award, which sets forth the name of the neutral Arbitrator. (Id.) Thus, Petitioner has satisfied the filing requirements of Section 1285.4.

 

B. Service of the Petition, and Notice of Hearing (Code Civ. Proc. § 1290.4.)

Code of Civil Procedure, section 1290.4 states, in pertinent part:

“(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.

(b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision: ¶ (1) Service within this State shall be made in the manner provided by law for the service of summons in an action.

Here, the Basic Agreement provides that a petition to confirm an arbitration award may be served via certified or registered mail, return receipt requested. (Pet., ¶ 14, Exh. A.) The Basic Agreement also provides that when a party’s address is not known, notices may be sent to Alliance of Motion Picture & Television Producers, Inc. at 15301 Ventura Blvd., Building E, Sherman Oaks, CA 91403 (“Alliance”). (Id. at ¶ 15. Exh. C.)

Petitioner filed proofs of service demonstrating all three Respondents were served via email and certified mail on December 23, 2020. (Mot., Proof of Service; 4/7/20 Proof of Service.) Thus, the service requirements of Section 1290.4 have been satisfied.

C. Service of the Arbitration Award & Timeliness of Petition (CCP §§ 1283.6, 1288, 1288.4)

Code of Civil Procedure section 1283.6 provides that: “The neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement.” Here, the neutral Arbitrator served both parties with a copy of the Arbitration Award via email and first-class mail on September 22, 2020. (Pet., ¶ 12, Exh. B.) Although this method of service is slightly different than that prescribed by Section 1283.6, “the sole function of the service of an award upon the parties to an arbitration is to give them notice of the existence and contents of the award.” (See Murray v. Civil Service Emp. Ins. Co., supra, at p. 799.) The Court finds that function was satisfied here. The service requirement may also be satisfied upon proper service of the award with a petition. (See id. at p. 799-800.) A copy of the Arbitration Award was served with this Petition. Thus, Section 1283.6 is satisfied.

Finally, a party may seek a court judgment confirming an arbitration award by filing and serving a petition no more than four years, but not less than 10 days, after the award is served. (Code Civ. Proc., §§ 1288, 1288.4.) Here, the parties were initially served with the Award on September 22, 2020, and this Petition was filed more than 10 days later, on December 21, 2020.

IV. Conclusion & Orde

For the foregoing reasons, Petitioner Directors Guild of America’s Petition for Confirmation of Arbitration Award and for Entry of Judgment in Conformity Therewith is GRANTED.

Moving party is ordered to give notice.

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