This case was last updated from Los Angeles County Superior Courts on 01/13/2021 at 03:33:04 (UTC).

DYP ENTERPRISES INC. VS ARCHSTONE DISTRIBUTION LLC

Case Summary

On 04/28/2020 DYP ENTERPRISES INC filed an Other lawsuit against ARCHSTONE DISTRIBUTION LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is TERESA A. BEAUDET. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1512

  • Filing Date:

    04/28/2020

  • Case Status:

    Other

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

TERESA A. BEAUDET

 

Party Details

Petitioner

DYP ENTERPRISES INC.

Respondent

ARCHSTONE DISTRIBUTION LLC

Attorney/Law Firm Details

Petitioner Attorney

WOLFF NANCY E.

 

Court Documents

Judgment - JUDGMENT PROPOSED

11/29/2020: Judgment - JUDGMENT PROPOSED

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 12/17/2020

12/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 12/17/2020

Minute Order - MINUTE ORDER (COURT ORDER)

12/17/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Judgment - JUDGMENT PROPOSED ORDER CONFIRMING ARBITRATION AWARD WITH PROOF OF SERVICE

10/23/2020: Judgment - JUDGMENT PROPOSED ORDER CONFIRMING ARBITRATION AWARD WITH PROOF OF SERVICE

Minute Order - MINUTE ORDER (COURT ORDER)

11/13/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/13/2020

11/13/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/13/2020

Declaration - DECLARATION DECLARATION OF NANCY E. WOLFF

10/20/2020: Declaration - DECLARATION DECLARATION OF NANCY E. WOLFF

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE PROOF OF SERVICE TO STATE BAR A...) OF 10/23/2020

10/23/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE PROOF OF SERVICE TO STATE BAR A...) OF 10/23/2020

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE PROOF OF SERVICE TO STATE BAR A...)

10/23/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE PROOF OF SERVICE TO STATE BAR A...)

Order - ORDER RE PRO HAC VICE APPLICATION

10/14/2020: Order - ORDER RE PRO HAC VICE APPLICATION

Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE ADMITTED PRO HAC VICE)

10/14/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE ADMITTED PRO HAC VICE)

Proof of Service by Mail

9/18/2020: Proof of Service by Mail

Proof of Service by Mail

9/14/2020: Proof of Service by Mail

Order - ORDER PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

8/24/2020: Order - ORDER PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

Order - ORDER RE PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

8/28/2020: Order - ORDER RE PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

Declaration - DECLARATION OF NANCY E. WOLFF

8/27/2020: Declaration - DECLARATION OF NANCY E. WOLFF

Proof of Service by Mail

8/28/2020: Proof of Service by Mail

Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONFIRM ARBITRATION AWARD; CASE MANAGEME...)

8/28/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONFIRM ARBITRATION AWARD; CASE MANAGEME...)

21 More Documents Available

 

Docket Entries

  • 12/17/2020
  • Docketat 08:41 AM in Department 50, Teresa A. Beaudet, Presiding; Court Order

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  • 12/17/2020
  • DocketCertificate of Mailing for ((Court Order) of 12/17/2020); Filed by Clerk

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  • 12/17/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 12/11/2020
  • DocketJudgment (- Arbitration Award - Before Trial - 12/17/2020 entered for Petitioner DYP Enterprises Inc. against Respondent Archstone Distribution LLC.); Filed by Clerk

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  • 11/29/2020
  • DocketJudgment (Proposed); Filed by DYP Enterprises Inc. (Petitioner)

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  • 11/13/2020
  • Docketat 08:40 AM in Department 50, Teresa A. Beaudet, Presiding; Court Order

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  • 11/13/2020
  • DocketCertificate of Mailing for ((Court Order) of 11/13/2020); Filed by Clerk

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  • 11/13/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 10/23/2020
  • Docketat 4:00 PM in Department 50, Teresa A. Beaudet, Presiding; Non-Appearance Case Review (re proof of service to State Bar and payment of fee re Pro Hac Vice) - Held

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  • 10/23/2020
  • DocketMinute Order ( (Non-Appearance Case Review re proof of service to State Bar a...)); Filed by Clerk

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28 More Docket Entries
  • 06/29/2020
  • Docketat 2:31 PM in Department 50, Teresa A. Beaudet, Presiding; Court Order

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  • 06/29/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 06/29/2020
  • DocketCertificate of Mailing for ((Court Order) of 06/29/2020); Filed by Clerk

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  • 06/23/2020
  • DocketAffidavit (Affirmation in Support of Motion to Confirm Arbitration Award); Filed by DYP Enterprises Inc. (Petitioner)

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  • 06/23/2020
  • DocketMemorandum of Points & Authorities; Filed by DYP Enterprises Inc. (Petitioner)

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  • 06/23/2020
  • DocketPetition to Confirm Arbitration Award (NOTICE OF PETITION TO CONFIRM ARBITRATION AWARD); Filed by DYP Enterprises Inc. (Petitioner)

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  • 06/17/2020
  • DocketProof of Personal Service; Filed by DYP Enterprises Inc. (Petitioner)

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  • 05/11/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/28/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 04/28/2020
  • DocketPetition (ADR Form 106); Filed by DYP Enterprises Inc. (Petitioner)

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Tentative Rulings

Case Number: *******1512    Hearing Date: August 21, 2020    Dept: 50

 

 

Superior Court of California

County of Los Angeles

Department 50

dyp enterprises, inc.,

Petitioner,

vs.

archstone distribution, llc, et al.

Defendants.

Case No.:

*******1512

Hearing Date:

August 21, 2020

Hearing Time:

10:00 a.m.

[TENTATIVE] ORDER RE:

PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

Background

Petitioner DYP Enterprises, Inc. (“Petitioner”) filed this petition on April 28, 2020 to confirm an arbitration award issued on February 19, 2020. (Pet., ¶ 8, Ex. 8(c).) The petition was served on Respondent Archstone Distribution, LLC (“Respondent”) on March 4, 2020. The petition is unopposed.

Legal Standard

“Any party to an arbitration in which an award has been made may petition the court to

confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.”

((Code Civ. Proc., ; 1285.)

“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.” ((Code Civ. Proc., ; 1285.4.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made…unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” ((Code Civ. Proc., ; 1286.) Any response to the petition is required to be filed and served within 10 days after service of the petition. ((Code Civ. Proc., ; 1290.6.)

Discussion

The Court finds that Petitioner has satisfied the requirements of Code of Civil Procedure section 1285.4, by attaching a copy of the underlying agreement to arbitrate (Pet., ¶ 4, Ex. 4(b)) by setting forth the name of the arbitrator (Pet. ¶ 6), and by attaching a copy of the arbitration award and the written opinion of the arbitrator (Pet., ¶ 8, Ex. 8(c)). In light of the lack of a response to the petition, the Court finds good cause to confirm the award as made. However, the Court notes that the Notice of Petition to Confirm Arbitration Award filed on June 23, 2020 in this case is blank, although the courtesy copy provided to the Court has today’s date and time filled in. Consequently, it is unclear if Respondent received notice of today’s hearing date and time. The Proof of Service filed on July 13, 2020 does not indicate whether the Notice that was served was filled in. Consequently, the Court requires Petitioner to file and serve a declaration (with a courtesy copy delivered to Dept. 50) indicating that the Notice served had today’s date and time filled in so the Court can determine if Respondent was given proper notice of the hearing date.

Conclusion

Based on the foregoing, Petitioner’s petition will be granted if the Declaration described above is filed and served within 5 court days of the date of this order. If it is not filed, the petition will be denied without prejudice. If the petition is granted, the Court orders Petitioner to submit a proposed judgment within 10 days of the date of the order granting the petition.

Petitioner is ordered to give notice of this ruling.

DATED: August 21, 2020 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court


Case Number: *******1512    Hearing Date: October 14, 2020    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

DYP ENTERPRISES INC.,

Petitioner,

vs.

ARCHSTONE DISTRIBUTION LLC.,

Respondent.

Case No.:

*******1512

Hearing Date:

October 14, 2020

Hearing Time:

10:00 a.m.

[TENTATIVE] ORDER RE:

VERIFIED APPLICATION OF SCOTT J. SHOLDER TO APPEAR PRO HAC VICE ON BEHALF OF PETITIONER DYP ENTERPRISES, INC.

Scott J. Sholder (“Movant”) applies to the Court for admission pro hac vice to appear in this action on behalf of Petitioner DYP Enterprises, Inc. (“Petitioner”). The application is submitted with a declaration by Movant made under penalty of perjury. The application is unopposed.

The Court notes that there is no proof of service to the State Bar of California and no proof that the reasonable fee of $50.00 was paid pursuant to California Rules of Court, Rule 9.40(e). Upon filing proof of such with a courtesy copy to Dept. 50, the application will be granted.

Petitioner is to give notice of this ruling.

DATED: October 14, 2020 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court


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