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This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 07:44:51 (UTC).

MASTERS CONTRACTING CORPORATION VS CAREY SIGN CORPORATION ET

Case Summary

On 12/01/2015 MASTERS CONTRACTING CORPORATION filed a Contract - Other Contract lawsuit against CAREY SIGN CORPORATION ET. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ROBERT L. HESS. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2803

  • Filing Date:

    12/01/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ROBERT L. HESS

 

Party Details

Plaintiff and Petitioner

MASTERS CONTRACTING CORPORATION

Defendants and Respondents

BUSINESS ALLIANCE INSURANCE COMPANY

CAREY SIGN CORPORATION

DOES 1 THROUGH 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

RAISIN & KAVCIOGLU

KAVCIOGLU ARMENAK

Defendant Attorney

BARON ASHLEY ANN ESQ.

 

Court Documents

PETITION TO CONFIRM, CORRECT, OR VACATE CONTRACTUAL ARBITRATION AWARD

3/23/2018: PETITION TO CONFIRM, CORRECT, OR VACATE CONTRACTUAL ARBITRATION AWARD

NOTICE OF HEARING ON PETITION TO CONFIRM ARBITRATION AWARD;

3/23/2018: NOTICE OF HEARING ON PETITION TO CONFIRM ARBITRATION AWARD;

Minute Order

4/20/2018: Minute Order

Minute Order

4/23/2018: Minute Order

NOTICE OF RULING AND ORDER TO SHOW CAUSE

4/23/2018: NOTICE OF RULING AND ORDER TO SHOW CAUSE

NOTICE OF RULING AND ORDER TO SHOW CAUSE

4/23/2018: NOTICE OF RULING AND ORDER TO SHOW CAUSE

ORDER GRANTING MOTION TO CONFIRM ARBITRATION AWARD

5/9/2018: ORDER GRANTING MOTION TO CONFIRM ARBITRATION AWARD

NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

6/21/2018: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

COMPLAINT FOR 1. BREACH OF CONTRACT; ETC

12/1/2015: COMPLAINT FOR 1. BREACH OF CONTRACT; ETC

PROOF OF SERVICE SUMMONS

1/21/2016: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE BY MAIL

2/4/2016: PROOF OF SERVICE BY MAIL

PROOF OF SERVICE SUMMONS

2/4/2016: PROOF OF SERVICE SUMMONS

CAREY SIGN CORPORATION'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND TO STAY THE ACTION PENDING ARBITRATION; ETC.

2/5/2016: CAREY SIGN CORPORATION'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND TO STAY THE ACTION PENDING ARBITRATION; ETC.

Minute Order

3/9/2016: Minute Order

POST ARBITRATION STATUS CONFERENCE UPDATE

6/12/2017: POST ARBITRATION STATUS CONFERENCE UPDATE

Minute Order

6/28/2017: Minute Order

Minute Order

11/16/2017: Minute Order

NOTICE OF POST ARBITRATION STATUS CONFERENCE

11/20/2017: NOTICE OF POST ARBITRATION STATUS CONFERENCE

14 More Documents Available

 

Docket Entries

  • 11/20/2019
  • Hearingat 08:30 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; : Order to Show Cause

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  • 07/05/2018
  • DocketNotice of Case Assignment; Filed by Masters Contracting Corporation (Plaintiff)

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  • 07/05/2018
  • DocketNOTICE OF CASE REASSIGNMENT

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  • 07/02/2018
  • Docketat 08:30 AM in Department 24; Unknown Event Type

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  • 06/21/2018
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 06/21/2018
  • DocketNOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

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  • 05/09/2018
  • DocketORDER GRANTING MOTION TO CONFIRM ARBITRATION AWARD

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  • 05/09/2018
  • DocketOrder

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  • 04/23/2018
  • Docketat 08:30 AM in Department 24; Post-Arbitration Status Conference (Conference-Post Arbitration Status; Off Calendar) -

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  • 04/23/2018
  • DocketMinute order entered: 2018-04-23 00:00:00; Filed by Clerk

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36 More Docket Entries
  • 02/04/2016
  • DocketProof of Service by Mail; Filed by Plaintiff/Petitioner

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  • 02/04/2016
  • DocketPROOF OF SERVICE BY MAIL

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  • 02/04/2016
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/21/2016
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/21/2016
  • DocketProof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 01/07/2016
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 01/07/2016
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 12/01/2015
  • DocketCOMPLAINT FOR 1. BREACH OF CONTRACT; ETC

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  • 12/01/2015
  • DocketComplaint; Filed by Masters Contracting Corporation (Plaintiff)

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  • 12/01/2015
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC602803    Hearing Date: January 28, 2021    Dept: 24

Plaintiff Masters Contracting Corporation’s motion to enter judgment pursuant to CCP section 664.6 is GRANTED.

On December 1, 2015, Plaintiff Masters Contracting Corporation filed the instant breach of contract suit against Defendants Carey Sign Corporation and Business Alliance Insurance. The Complaint alleges that CSC breached a sub-contract with MCC to fabricate and install marquees, concrete footing, structural steel, and finishes related to the Red Line Pedestrian Corridor Project. The Complaint states two causes of action for breach of contract and recovery on license bond.

On March 9, 2016, the Court granted CSC’s motion to compel arbitration and stayed the suit as to BAIC. MCC prevailed at arbitration and filed a motion to confirm the award. The Court granted MCC’s confirmation motion. However, following the arbitration, MCC and CSC entered into a settlement agreement. Therefore, pursuant to the joint request of the parties, the Court did not enter judgment against CSC. The settlement agreement was filed with the Court on December 5, 2019.

On September 1, 2020, Plaintiff dismissed BAIC from its complaint. On September 4, 2020, BIC dismissed its Cross-Complaint.

On December 22, 2020, Plaintiff filed the instant motion to enter judgment pursuant to CCP section 664.6. No opposition was submitted.

Legal Standard

Pursuant to CCP section 664.6: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.”

“Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37;Critzer v. Enos (2010) 187 Cal.App.4th 1242, 1262.) In ruling on a motion under § 664.6, the trial judge may receive oral testimony, or may determine the motion upon declarations alone. (Corkland v. Boscoe (1984) 156 Cal.App.3d 989, 994.) Where the agreement was reached at a court hearing, the court can resolve the dispute on the basis of its own notes or recollection of what was agreed to (as well as any transcripts of the proceedings). (Richardson v. Richardson(1986) 180 Cal.App.3d 91, 97.)

Discussion

Plaintiff submits evidence that CSC and MCC entered into a valid, written agreement to settle this matter. (Kavcioglu Decl., ¶ 3, Ex. 1.) CSC promised to pay $200,000.00. (Id.) To date, CSC paid $150,000.00 of the amount due. (Kavcioglu Decl., ¶ 4.) BAIC paid $7,500.00 on behalf of CSC. (Id.) The settlement also provides for attorneys’ fees for enforcement in the event of a default. (Kavcioglu Decl., Ex. 1, at 3.)

The Court finds that the settlement meets the statutory requirements for entry of judgment. (CCP § 664.6.) The written settlement agreement was signed by the parties. Thus, the Court will enter judgment pursuant to the terms.

Accordingly, MCC’s motion is GRANTED.

Moving party is ordered to give notice.

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