This case was last updated from Los Angeles County Superior Courts on 07/28/2021 at 05:55:13 (UTC).

PRIDE ROOFING & WATERPROOFING, INC., VS ROBERT JOHN ABERNATHY

Case Summary

On 03/02/2018 PRIDE ROOFING WATERPROOFING, INC filed a Contract - Other Contract lawsuit against ROBERT JOHN ABERNATHY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3610

  • Filing Date:

    03/02/2018

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

PRIDE ROOFING & WATERPROOFING INC.

Defendants

ABERNATHY ROBERT JOHN DBA ROBERT ABERNATHY GENERAL CONTRACTOR

AMERICAN STANDARD DEVELOPMENT COMPANY

METROPOLITAN INVESTMENTS III LLC

METROPOLITAN INVESTMENTS V LLC

ABERNATHY ROBERT JOHN

METROPOLITAN INVESTMENTS LLC

REDONDO MINI STORAGE LLC

Attorney/Law Firm Details

Plaintiff Attorney

WILLIAMSON PETER MARK

Defendant Attorneys

TRUAX TIMOTHY MICHAEL

KASSABIAN MARK

 

Court Documents

Reply (name extension) - Reply in Support of Petition to Correct Arbitration Award

4/6/2021: Reply (name extension) - Reply in Support of Petition to Correct Arbitration Award

Substitution of Attorney - Substitution of Attorney

1/28/2021: Substitution of Attorney - Substitution of Attorney

Substitution of Attorney - Substitution of Attorney

1/28/2021: Substitution of Attorney - Substitution of Attorney

Minute Order - Minute Order (Non-Jury Trial)

8/30/2019: Minute Order - Minute Order (Non-Jury Trial)

Minute Order - (Order to Show Cause Re: Status of Arbitration)

10/9/2018: Minute Order - (Order to Show Cause Re: Status of Arbitration)

Proof of Service by Substituted Service

3/22/2018: Proof of Service by Substituted Service

Proof of Service by Substituted Service

3/22/2018: Proof of Service by Substituted Service

Proof of Service by Substituted Service

3/22/2018: Proof of Service by Substituted Service

Proof of Service by Substituted Service

3/22/2018: Proof of Service by Substituted Service

Order (name extension)

6/13/2018: Order (name extension)

Notice of Ruling - on petition to stay action

6/13/2018: Notice of Ruling - on petition to stay action

Minute Order - (Hearing on Petition)

6/13/2018: Minute Order - (Hearing on Petition)

Reply (name extension) - by American Standard Development Company to opposition

6/6/2018: Reply (name extension) - by American Standard Development Company to opposition

40 More Documents Available

 

Docket Entries

  • 07/19/2021
  • DocketOn the Complaint filed by Pride Roofing & Waterproofing, Inc., on 03/02/2018, entered Request for Dismissal without prejudice filed by Pride Roofing & Waterproofing, Inc., as to the entire action

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  • 07/19/2021
  • DocketOrder to Show Cause Re: Dismissal scheduled for 07/28/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/19/2021

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  • 07/19/2021
  • DocketThe case is removed from the special status of: Stay - Binding Arbitration

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  • 06/07/2021
  • DocketOrder to Show Cause Re: Dismissal scheduled for 07/28/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 06/07/2021
  • DocketMinute Order (Order to Show Cause Re: Lifting of Stay and Post Arbitration ...)

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  • 06/07/2021
  • DocketCertificate of Mailing for (Order to Show Cause Re: Lifting of Stay and Post Arbitration ...) of 06/07/2021; Filed by: Clerk

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  • 06/07/2021
  • DocketOrder to Show Cause Re: Lifting of Stay and Post Arbitration Status scheduled for 06/07/2021 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 06/07/2021; Result Type to Held

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  • 04/13/2021
  • DocketOrder to Show Cause Re: Lifting of Stay and Post Arbitration Status scheduled for 06/07/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 04/13/2021
  • DocketCertificate of Mailing for (Hearing on Petition to Correct Arbitration Award) of 04/13/2021; Filed by: Clerk

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  • 04/13/2021
  • DocketMinute Order (Hearing on Petition to Correct Arbitration Award)

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49 More Docket Entries
  • 03/22/2018
  • DocketProof of Service by Substituted Service; Filed by: Pride Roofing & Waterproofing, Inc., (Plaintiff); As to: Metropolitan Investments III LLC (Defendant); Proof of Mailing Date: 03/21/18; Service Cost: 10.00; Service Cost Waived: No

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  • 03/22/2018
  • DocketProof of Service by Substituted Service; Filed by: Pride Roofing & Waterproofing, Inc., (Plaintiff); As to: Robert John Abernathy (Defendant); Proof of Mailing Date: 03/21/18; Service Cost: 99.00; Service Cost Waived: No

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  • 03/07/2018
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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  • 03/02/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/02/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 03/02/2018
  • DocketCivil Case Cover Sheet; Filed by: Pride Roofing & Waterproofing, Inc., (Plaintiff)

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  • 03/02/2018
  • DocketComplaint; Filed by: Pride Roofing & Waterproofing, Inc., (Plaintiff); As to: Robert John Abernathy (Defendant)

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  • 03/02/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 77 Stanley Mosk Courthouse

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  • 03/02/2018
  • DocketNon-Jury Trial scheduled for 08/30/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 03/02/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 03/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC03610    Hearing Date: April 13, 2021    Dept: 25

HEARING DATE: Tue., April 13, 2021 JUDGE/DEPT: Blancarte/25

CASE NAME: Pride Roofing & Waterproofing, Inc. v. Abernathy, et al.

CASE NUMBER: 18STLC03610 COMPL. FILED: 03-02-18

NOTICE: OK DISC. C/O: NONE DISC. MOT. C/O: NONE

TRIAL DATE: NOT SET

PROCEEDINGS: PETITION TO CORRECT CONTRACTUAL ARBITRATION AWARD

MOVING PARTY: Petitioner and Plaintiff Pride Roofing & Waterproofing, Inc.

RESP. PARTY: Respondent and Defendant American Standard Development Company

PETITION TO CORRECT ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner and Plaintiff Pride Roofing & Waterproofing, Inc.’s Petition to Correct Arbitration Award is DENIED.

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: Filed on February 1, 2021 [ ] Late [ ] None

REPLY: Filed on April 6, 2021 [ ] Late [ ] None

ANALYSIS:

I. Background

On March 2, 2018, Plaintiff Pride Roofing & Waterproofing, Inc. (“Petitioner”) filed an action for breach of contract and damages, work labor & services rendered, and promissory fraud against Defendants Robert John Abernathy, individually and dba Robert Abernathy General Contractor and as Trustee of the Galapagos Trust (“Abernathy”), American Standard Development Company (“Respondent” or “American Standard”), Metropolitan Investments, LLC (“Metropolitan”), Metropolitan Investments III, LLC (“Metropolitan III”), Metropolitan Investments V, LLC (“Metropolitan V”), and Redondo Mini Storage, LLC (“Redondo Mini”).

Respondent American Standard filed a motion to stay the action and compel arbitration on May 10, 2018, which was granted by this Court on June 13, 2018. (6/13/18 Minute Order.)

On June 15, 2020, Petitioner filed the instant Petition to Correct Contractual Arbitration Award (the “Petition”). Respondent American Standard filed a Response and Opposition on February 1, 2021 and Petitioner filed a Reply on April 6.

III. Legal Standard & Discussion

Arbitrator Aaron B. Booth (the “Arbitrator”) with the American Arbitration Association (the “AAA”), Construction Industry Arbitration Tribunal issued an interim award on December 4, 2019 requiring Respondent to pay Petitioner $14,648.75 in damages under a quantum meruit theory, and a final decision on February 19, 2020 requiring Respondent to pay Petitioner fees and costs of $47,751.09 (collectively, the “Award”). (Pet., Attach. 8(c).)

Petitioner now seeks to correct that Award.

A. Timeliness of Petition

A petition to correct an arbitration award must be filed and served no later than 100 days after the date of the service of a signed copy of the award on the petitioner. (Code Civ. Proc., § 1288.)

Respondent argues in Opposition that this Petition is untimely as it was filed more than 100 days after the date of service of the Arbitration Award. (Oppo., pp. 2:17-3:8.) As evidence, Respondent includes a letter dated February 19, 2020 from the AAA addressed to the parties demonstrating the Award was served via email by the AAA on February 19, 2020. (Id., Exh. 1.) The 100-day deadline from the February 19, 2020 letter fell on May 29, 2020.

Although the February 19, 2020 letter does not include a proof of service, “the sole function of the service of an arbitration 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.) There is no question that function was satisfied here when the AAA emailed the Award to the parties’ counsel on February 19, 2020. (Oppo., Exh. 1.) Petitioner has not submitted any evidence demonstrating the Award was served at some later date that would allow the Court to determine this Petition was timely filed.

In Reply, Petitioner argues the Petition is timely because Emergency Rule 9 extended the applicable statute of limitations. (Reply, p. 2:1-12.) It argues that although the Award was served on February 19, 2020, Emergency Rule 9(b) tolled the statute of limitations until August 3, 2020 and thus Plaintiff’s Petition, filed on June 15, 2020, is timely. (Id.) The Judicial Council Emergency Rules, rule 9 provides that statutes of limitations and of repose for civil causes of action that exceed 180 days are tolled from April 6, 2020 until October 1, 2020 and statutes of limitations and of repose that are 180 days or less are tolled from April 6, 2020 until August 3, 2020.

Emergency Rule 9, however, is inapplicable as it only tolls the statute of limitations for commencing civil actions. Here, Petitioner had commenced his action against Respondent by filing a Complaint on March 2, 2018 so it cannot rely on Rule 9 to extend the 100-day deadline.

Thus, the Court finds the Petition is untimely and for that reason, it is DENIED.

IV. Conclusion & Order

For the foregoing reasons, Petitioner and Plaintiff Pride Roofing & Waterproofing, Inc.’s Petition to Correct Arbitration Award is DENIED.

Moving party is ordered to give notice.

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