This case was last updated from Los Angeles County Superior Courts on 09/23/2021 at 07:18:53 (UTC).

STORYCORP CONSULTING, A NEVADA CORPORATION VS PINEAPPLE EXPRESS, INC., A CALIFORNIA CORPORATION

Case Summary

On 12/07/2020 STORYCORP CONSULTING, A NEVADA CORPORATION filed an Other - Other Judicial Review lawsuit against PINEAPPLE EXPRESS, INC , A CALIFORNIA CORPORATION. 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:

    *******4003

  • Filing Date:

    12/07/2020

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Other Judicial Review

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

STORYCORP CONSULTING A NEVADA CORPORATION

Defendant

PINEAPPLE EXPRESS INC. A WYOMING CORPORATION

Respondent

PINEAPPLE EXPRESS INC. A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Other Attorneys

THEIS BRYAN K.

 

Court Documents

Judgment - Judgment by default

5/11/2021: Judgment - Judgment by default

Declaration (name extension) - Declaration of Bryan Theis re Attorney's Fees and Prejudgment Interest

4/14/2021: Declaration (name extension) - Declaration of Bryan Theis re Attorney's Fees and Prejudgment Interest

Notice (name extension) - Notice of Ruling Granting Petition

4/14/2021: Notice (name extension) - Notice of Ruling Granting Petition

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/16/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

4/12/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

2/3/2021: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

First Amended Standing Order - First Amended Standing Order

12/7/2020: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Petition

12/7/2020: Summons - Summons on Petition

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

12/7/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Civil Case Cover Sheet - Civil Case Cover Sheet

12/7/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

12/7/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

12/7/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 05/11/2021
  • DocketJudgment by default; Signed and Filed by: Storycorp Consulting, a Nevada corporation (Petitioner); As to: Pineapple Express, Inc., a Wyoming corporation Erroneously Sued As Pineapple Express, Inc., a California corporation (Respondent)

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  • 05/11/2021
  • DocketCourt orders judgment entered for Petitioner Storycorp Consulting, a Nevada corporation against Respondent Pineapple Express, Inc., a California corporation on the Petition filed by Storycorp Consulting, a Nevada corporation on 12/07/2020 for damages of $23,804.55, attorney fees of $3,841.34, interest of $1,104.17, and costs of $530.00 for a total of $29,280.06.

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  • 05/11/2021
  • DocketNon-Appearance Case Review Re: Petitioner's Status of Submission of Proposed Judgment scheduled for 05/11/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 05/11/2021

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  • 04/14/2021
  • DocketNotice of Ruling Granting Petition; Filed by: Storycorp Consulting, a Nevada corporation (Petitioner); As to: Pineapple Express, Inc., a Wyoming corporation Erroneously Sued As Pineapple Express, Inc., a California corporation (Respondent)

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  • 04/14/2021
  • DocketDeclaration of Bryan Theis re Attorney's Fees and Prejudgment Interest; Filed by: Storycorp Consulting, a Nevada corporation (Petitioner)

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  • 04/12/2021
  • DocketNon-Appearance Case Review Re: Petitioner's Status of Submission of Proposed Judgment scheduled for 05/11/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 04/12/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 04/12/2021
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 04/12/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/12/2021; Result Type to Held - Motion Granted

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  • 03/16/2021
  • DocketProof of Service by Substituted Service; Filed by: Storycorp Consulting, a Nevada corporation (Petitioner); As to: Storycorp Consulting, a Nevada corporation (Petitioner); Pineapple Express, Inc., a Wyoming corporation Erroneously Sued As Pineapple Express, Inc., a California corporation (Respondent); Proof of Mailing Date: 03/15/2021; Service Cost: 95.00; Service Cost Waived: No

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  • 02/03/2021
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Signed and Filed by: Storycorp Consulting, a Nevada corporation (Petitioner); As to: Pineapple Express, Inc., a Wyoming corporation Erroneously Sued As Pineapple Express, Inc., a California corporation (Respondent); Pineapple Express, Inc., a Wyoming corporation (Defendant); Type: Fictitious Name

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  • 12/07/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Storycorp Consulting, a Nevada corporation (Petitioner); As to: Pineapple Express, Inc., a California corporation (Respondent)

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  • 12/07/2020
  • DocketSummons on Petition; Issued and Filed by: Storycorp Consulting, a Nevada corporation (Petitioner); As to: Pineapple Express, Inc., a California corporation (Respondent)

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  • 12/07/2020
  • DocketCivil Case Cover Sheet; Filed by: Storycorp Consulting, a Nevada corporation (Petitioner); As to: Pineapple Express, Inc., a California corporation (Respondent)

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  • 12/07/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 12/07/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/07/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/07/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 04/12/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 12/07/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP04003    Hearing Date: April 12, 2021    Dept: 25

HEARING DATE: Mon., April 12, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Storycorp Consulting v. Pineapple Express, Inc.

CASE NUMBER: 20STCP04003 PET. FILED: 12-07-20

NOTICE: OK

PROCEEDINGS: PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

MOVING PARTY: Petitioner Storycorp Consulting

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Storycorp Consulting’s Petition to Confirm Contractual Arbitration Award is GRANTED. Petitioner to file a proposed judgment within ten (10) days of this order.

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 8, 2021 [ ] Late [X] None

REPLY: None filed as of April 8, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 27, 2020, Arbitrator Coleman A. Swart (the “Arbitrator”) with JAMS issued an arbitration award requiring Respondent Pineapple Express, Inc. (“Respondent”) to pay Petitioner Storycorp Consulting (“Petitioner”) $23,804.55 (the “Arbitration Award”). (Pet., Attach. 8(c).)

Petitioner filed the instant Petition to Confirm Contractual Arbitration Award (the “Petition”) on December 7, 2020. No opposition has been filed.

  1. 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.)

  1. Discussion

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

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

  1. 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.

  2. 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 attaches a copy of the Arbitration Award, which includes the name of the neutral Arbitrator. (Pet., Attach. 8(c).) It also includes a copy of the parties’ Services Agreement, which includes an arbitration provision. (Pet., Attach. 4(c).) Thus, the filing requirements of Section 1285.4 are satisfied.

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, Petitioner filed a proof of service demonstrating Matthew S. Feinstein, Respondent’s registered agent for service of process, was sub-served on March 11, 2021 at 10351 Santa Monica Blvd., Suite 420, Los Angeles, CA 90025 (the “Santa Monica Address”), a business address. (3/16/21 Proof of Service.) The proof of service also includes a declaration of mailing stating the Petition and Notice of Hearing were mailed to the Santa Monica Address on March 15, 2021. (Id.) Thus, the service requirements of Section 1290.4 are 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 Arbitration Award includes a proof of service indicating it was served on both parties via e-mail on October 27, 2020. (Pet., Attach. 8(c).) Although this manner of service is 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. In addition, the service requirement may be satisfied by service by the arbitrator, or upon proper service of the Award with the Petition. (See id. at p. 799-800.) A copy of the Arbitration Award was served with this Petition. Thus, Section 1283.6 is satisfied.

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.) This Petition was filed on December 7, 2020, which is at least 10 days but not more than four years after the parties were initially served with the Award on October 27, 2020.

Thus, the requirements of Sections 1283.6, 1288, and 1288.4 are also satisfied.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Storycorp Consulting’s Petition to Confirm Contractual Arbitration Award is GRANTED. Petitioner to file a proposed judgment within ten (10) days of this order.

Moving party is ordered to give notice.

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