This case was last updated from Los Angeles County Superior Courts on 06/29/2019 at 01:53:18 (UTC).

SAMER RABADI ET AL VS AMB ENTERPRISES INC

Case Summary

On 03/23/2018 a Contract - Other Contract case was filed by SAMER RABADI against AMB ENTERPRISES INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9555

  • Filing Date:

    03/23/2018

  • 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

 

Party Details

Plaintiffs and Petitioners

RABADI SAMER

SNR FUEL INC.

Respondents and Defendants

TRAC

DOES 1 TO 50

AMB ENTERPRISES INC.

 

Court Documents

Minute Order

7/26/2018: Minute Order

DECLARATION OF GERALD F. GILLARD IN SUPPORT OF DEFENDANT AMB ENTERPRISES, INC. DBA TRAC'S DEMURRER

8/13/2018: DECLARATION OF GERALD F. GILLARD IN SUPPORT OF DEFENDANT AMB ENTERPRISES, INC. DBA TRAC'S DEMURRER

CASE MANAGEMENT STATEMENT

8/15/2018: CASE MANAGEMENT STATEMENT

NOTICE OF POSTING JURY FEES

8/16/2018: NOTICE OF POSTING JURY FEES

CIVIL DEPOSIT

8/16/2018: CIVIL DEPOSIT

DECLARATION OF MOUNA KEZBAR

8/21/2018: DECLARATION OF MOUNA KEZBAR

DECLARATION OF ALEXANDER S. GAREEB

8/21/2018: DECLARATION OF ALEXANDER S. GAREEB

CASE MANAGEMENT STATEMENT

8/21/2018: CASE MANAGEMENT STATEMENT

CASE MANAGEMENT ORDER

8/30/2018: CASE MANAGEMENT ORDER

RULING

8/30/2018: RULING

DEFENDANT AMB ENTERPRISES, INC. DBA TRAC'S ANSWER TO PLAINTIFFS' COMPLAINT

9/5/2018: DEFENDANT AMB ENTERPRISES, INC. DBA TRAC'S ANSWER TO PLAINTIFFS' COMPLAINT

PLAINTIFFS' OPPOSITION TO DEFENDANT'S DEMURRER

7/12/2018: PLAINTIFFS' OPPOSITION TO DEFENDANT'S DEMURRER

DECLARATION OF MARKRAM F. GHARIB IN SUPPORT OF DEFENDANT AMB ENTERPRISES, INC. DBA TRAC'S REPLY TO PLAINTIFFS' OPPOSITION TO DEMURRER

7/19/2018: DECLARATION OF MARKRAM F. GHARIB IN SUPPORT OF DEFENDANT AMB ENTERPRISES, INC. DBA TRAC'S REPLY TO PLAINTIFFS' OPPOSITION TO DEMURRER

DEFENDANT AMB ENTERPRISES, INC. DBA TRAC'S REPLY TO PLAINTIFFS' OPPOSITION TO DEMURRER; DECLARATION OF MARKRAM F. GHARIB

7/19/2018: DEFENDANT AMB ENTERPRISES, INC. DBA TRAC'S REPLY TO PLAINTIFFS' OPPOSITION TO DEMURRER; DECLARATION OF MARKRAM F. GHARIB

NOTICE OF ASSOCIATION OF COUNSEL

6/14/2018: NOTICE OF ASSOCIATION OF COUNSEL

PROOF OF SERVICE OF SUMMONS

4/23/2018: PROOF OF SERVICE OF SUMMONS

NOTICE OF CASE MANAGEMENT CONFERENCE

4/6/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

SUMMONS

3/23/2018: SUMMONS

14 More Documents Available

 

Docket Entries

  • 10/03/2018
  • Answer (Cross Defendan's Samer Rabadi's and SNR Fuel, INC's Answer to Cross-Complaint AMB Enterprises, INC. DBA Trac's Cross- Complaint); Filed by Samer Rabadi (Plaintiff); SNR Fuel, Inc. (Plaintiff)

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  • 10/03/2018
  • Cross-Defendants' Samer Rabadi's and SNR Fuel, INC.'S Answer to Cross-Complaintant a M B Enterprises, INC. DBA Trac's Cross-Complaint; Filed by Samer Rabadi (Plaintiff); SNR Fuel, Inc. (Plaintiff)

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  • 09/24/2018
  • Notice of Change of Address or Other Contact Information; Filed by A M B Enterprises, Inc. (Defendant); TRAC (Legacy Party)

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  • 09/05/2018
  • DEFENDANT AMB ENTERPRISES, INC. DBA TRAC'S ANSWER TO PLAINTIFFS' COMPLAINT

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  • 09/05/2018
  • Answer; Filed by A M B Enterprises, Inc. (Defendant); TRAC (Legacy Party)

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  • 09/04/2018
  • Cross-Complaint; Filed by A M B Enterprises, Inc. (Defendant); TRAC (Legacy Party)

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  • 09/04/2018
  • Cross-Complaint; Filed by A M B Enterprises, Inc. (Cross-Complainant)

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  • 09/04/2018
  • CROSS-COMPLAINT FOR: 1. BREACH OF WRITTEN CONTRACT; AND 2. QUANTUM MERUIT.

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  • 08/30/2018
  • at 08:30 AM in Department 48; Case Management Conference (Conference-Case Management; Court makes order) -

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  • 08/30/2018
  • CASE MANAGEMENT ORDER

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34 More Docket Entries
  • 06/14/2018
  • Association of Attorney; Filed by A M B Enterprises, Inc. (Defendant); TRAC (Legacy Party)

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  • 05/08/2018
  • DEFENDANT AMB ENTERPRISES, INC., DBA TRAC'S DEMURRER TO PLAINTIFFS SAMER RABADI AND SNR FUEL, INC.'S COMPLAINT

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  • 05/08/2018
  • Demurrer; Filed by A M B Enterprises, Inc. (Defendant); TRAC (Legacy Party)

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  • 04/23/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 04/23/2018
  • Proof-Service/Summons; Filed by Samer Rabadi (Plaintiff); SNR Fuel, Inc. (Plaintiff)

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  • 04/06/2018
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/06/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 03/23/2018
  • SUMMONS

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  • 03/23/2018
  • COMPLAINT FOR: (1) BREACH OF CONTRACT ;ETC

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  • 03/23/2018
  • Complaint; Filed by Samer Rabadi (Plaintiff); SNR Fuel, Inc. (Plaintiff)

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Tentative Rulings

Case Number: BC699555    Hearing Date: December 16, 2019    Dept: 48

MOTION TO ENFORCE SETTLEMENT (CCP § 664.6)

MOVING PARTY: Defendant AMB Enterprises, dba TRAC

RESPONDING PARTY(S): Plaintiffs Samer Rabadi and SNR Fuel, Inc.

PROOF OF SERVICE:

ANALYSIS

Motion to Enforce Settlement

Defendant AMB Enterprises, dba TRAC moves to enforce the settlement between the parties, such that Defendant need only provide Plaintiff with a fan, not the entire Top Mount Electronics Kit.

Pursuant to CCP § 664.6, the Court may receive evidence to determine whether the parties agreed to certain terms, but may not create material terms of the settlement. City of Gardena v. Rikuo Corp. (2011) 192 Cal.App.4th 595, 605-607; In re The Clergy Cases I (2010) 188 Cal.App.4th 1224, 1236-1237 (bold emphasis added). Where there is an ambiguity in contractual language, i.e., alternative, semantically reasonable meaning, the Court may look to evidence of the circumstances surrounding execution of the contract to give effect to the parties’ intent. California National Bank v. Woodbridge Plaza LLC (2008) 164 Cal.App.4th 137, 143-45.

A copy of the written agreement signed by both parties is attached as Exh. A to the motion. At issue is the meaning of the following language, which Defendant contends to mean only the fan, not the entire Top Mount Electronics kit:

Defendant will agree to provide Plaintiff with only the fan as described as SKU 4500058 “Top Mount Electronics Kit (FAN set, E-Box, sensor cover and UV sensor.” Defendant will not agree to install the fan.

(Bold emphasis and underlining added.)

The Court agrees with Plaintiff that if only the fan component of the Top Mount Electronics Kit were to be provided, the language would read “only the fan from SKU 4500058” or “only the fan described in SKU 4500058.” The use of the word, interpreted objectively, suggests that all items in SKU 4500058 was to be provided. Indeed, a reasonable person would objectively expect all parts included in SKU 4500058 to be included so that a functional fan was provided.

Moreover, Plaintiff is not to be held responsible for the ambituity in the language used, because only Defendant and its counsel knew exactly what the fan unit comprised. Declaration of Alexander S Gareeb, ¶ 17. Moreover, the use of the language “only the fan” can be explained by the fact that Plaintiff’s counsel pointed to the fan listed on the BRRF invoice as an item to be included in Plaintiff’s settlement recovery, to distinguish it from other items on the invoice. Id. At ¶¶ 14 – 16, 22.

The Court finds that Defendant is not entitled to enforce the settlement agreement by providing only the fan component of the Top Mount Electronics Kit. The motion to enforce settlement and request for sanctions is DENIED.

However, because Defendant had a plausible interpretation of the ambiguous contract language, Plaintiff’s request for sanctions is also DENIED.