This case was last updated from Los Angeles County Superior Courts on 10/24/2021 at 04:55:09 (UTC).

WEBCOR CONSTRUCTION, LP, A CALIFORNIA LIMITED PARTNERSHIP VS LENDLEASE (US) CONSTRUCTION, INC., A FLORIDA CORPORATION

Case Summary

On 01/31/2019 WEBCOR CONSTRUCTION, LP, A CALIFORNIA LIMITED PARTNERSHIP filed a Contract - Other Contract lawsuit against LENDLEASE US CONSTRUCTION, INC , A FLORIDA CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are RICHARD E. RICO, JON R. TAKASUGI, WILLIAM F. HIGHBERGER and KENNETH R. FREEMAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3357

  • Filing Date:

    01/31/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

RICHARD E. RICO

JON R. TAKASUGI

WILLIAM F. HIGHBERGER

KENNETH R. FREEMAN

 

Party Details

Plaintiffs, Respondents, Cross Plaintiffs and Defendants

WEBCOR CONSTRUCTION LP A CALIFORNIA LIMITED PARTNERSHIP

MASONRY CONCEPTS INC. A CALIFORNIA CORPORATION

ADVANCED CABLE SOLUTIONS INC.

JOHNSON CONTROLS FIRE PROTECTION LP

LEGAL SUPPORT NETWORK LLC

WEBCOR CONSTRUCTION LP

ACCO ENGINEERED SYSTEMS INC. DOE 17

BAPKO METAL INC.DOE 18

Appellants, Respondents, Cross Defendants and Defendants

OCEANWIDE PLAZA LLC A DELAWARE LIMITED LIABILITY COMPANY

LENDLEASE US CONSTRUCTION INC. A FLORIDA CORPORATION

Respondents, Cross Defendants, Defendants and Plaintiffs

L.A. DOWNTOWN INVESTMENT LP A CALIFORNIA LIMITED PARTNERSHIP

OCEANWIDE PLAZA LLC A DELAWARE LIMITED LIABILITY COMPANY

WEBCOR CONSTRUCTION LP A CALIFORNIA LIMITED PARTNERSHIP

LENDLEASE US CONSTRUCTION INC. A FLORIDA CORPORATION

PHL INC.

CHICAGO TITLE INSURANCE COMPANY A FLORIDA CORPORATION

MASONRY CONCEPTS INC. A CALIFORNIA CORPORATION

TWINING INC. A CALIFORNIA CORPORATION

ADVANCED CABLE SOLUTIONS INC.

JOHNSON CONTROLS FIRE PROTECTION LP

NEVELL GROUP INC. - SAN DIEGO DOE 14

ACCO ENGINEERED SYSTEMS INC. DOE 17

TROYER CONTRACTING COMPANY INC. DOE 16

BAPKO METAL INC.DOE 18

STANDARD DRYWALL INC. DOE 15

PAN-PACIFIC MECHANICAL LLC A DELAWARE LIMITED LIABILITY COMPANY

THE NEVELL GROUP INC.

WEBCOR CONSTRUCTION LP

ENCLOS CORP.

Plaintiffs, Not Classified By Court, Cross Plaintiffs and Defendants

LEGAL SUPPORT NETWORK LLC

WEBCOR CONSTRUCTION LP

252 More Parties Available

Attorney/Law Firm Details

Cross Defendant, Plaintiff and Cross Plaintiff Attorneys

ELIOPOULOS WILLIAM T.

HANOVER JOHN DAVID

TATE THERESA CRAWFORD

LANTZ NOWELL

RESURRECCION TREVOR

ORTMANN DALE A.

PADILLA JOSE L

MCCARTHY MICHAEL ELLIOT

RICHMOND BRIANA F.

CANTOR DANIEL ABRAHAM

Cross Defendant, Defendant and Plaintiff Attorneys

MCCARTHY MICHAEL ELLIOT

RICHMOND BRIANA F.

HANOVER JOHN DAVID

FOUST JOHN ARTHUR

KORNBLATT SARA HILARY

LUBKA LAURENCE PHILIP

TATE THERESA CRAWFORD

ORTMANN DALE A.

BARRON ANTHONY JAMES

GELB PAUL M

LANTZ NOWELL

ADLER MATTHEW J

BACKUS STEPHEN

FOUST JOHN ARTHUR JR

RESURRECCION TREVOR

ROWEN ERIC V.

COSSO DENNIS GEORGE

Defendant and Not Classified By Court Attorneys

KORNBLATT SARA HILARY

LUBKA LAURENCE PHILIP

67 More Attorneys Available

 

Court Documents

Notice of Joinder - NOTICE OF JOINDER (NAME EXTENSION) PAN-PACIFIC MECHANICAL L.P.'S JOINDER TO WEBCOR CONSTRUCTION, L.P.'S REPLY BRIEF RE LIEN PRIORITY

10/20/2021: Notice of Joinder - NOTICE OF JOINDER (NAME EXTENSION) PAN-PACIFIC MECHANICAL L.P.'S JOINDER TO WEBCOR CONSTRUCTION, L.P.'S REPLY BRIEF RE LIEN PRIORITY

Brief - BRIEF L.A. DOWNTOWN INVESTMENT, LPS RESPONSIVE BRIEF REGARDING COMMENCEMENT OF WORK AND SEPARATE WORKS OF IMPROVEMENT

10/20/2021: Brief - BRIEF L.A. DOWNTOWN INVESTMENT, LPS RESPONSIVE BRIEF REGARDING COMMENCEMENT OF WORK AND SEPARATE WORKS OF IMPROVEMENT

Brief - BRIEF RESPONSIVE JOINDER BRIEF REGARDING COMMENCEMENT OF WORK AND SEPARATE WORKS OF IMPROVEMENT

10/20/2021: Brief - BRIEF RESPONSIVE JOINDER BRIEF REGARDING COMMENCEMENT OF WORK AND SEPARATE WORKS OF IMPROVEMENT

Response - RESPONSE OCEANWIDE PLAZA LLCS RESPONSE BRIEF ON THE QUESTION OF LIEN PRIORITY

10/20/2021: Response - RESPONSE OCEANWIDE PLAZA LLCS RESPONSE BRIEF ON THE QUESTION OF LIEN PRIORITY

Notice of Joinder - NOTICE OF JOINDER (NAME EXTENSION) BY SHAW AND SONS

10/20/2021: Notice of Joinder - NOTICE OF JOINDER (NAME EXTENSION) BY SHAW AND SONS

Notice of Joinder - STANDARD DRYWALL, INC.'S JOINDER TO LENDLEASE (US) CONSTRUCTION L.P.'S REPLY BRIEF RE LIEN PRIORITY

10/21/2021: Notice of Joinder - STANDARD DRYWALL, INC.'S JOINDER TO LENDLEASE (US) CONSTRUCTION L.P.'S REPLY BRIEF RE LIEN PRIORITY

Notice of Joinder - SHAW AND SON'S NOTICE OF JOINDER AND JOINDER IN WEBCOR CONSTRUCTION L.P.'S REPLY BRIEF RE LIEN PRIORITY

10/21/2021: Notice of Joinder - SHAW AND SON'S NOTICE OF JOINDER AND JOINDER IN WEBCOR CONSTRUCTION L.P.'S REPLY BRIEF RE LIEN PRIORITY

Proof of Service (not Summons and Complaint) - PROOF OF SERVICE

10/21/2021: Proof of Service (not Summons and Complaint) - PROOF OF SERVICE

Opposition - OPPOSITION OF L.A. DOWNTOWN INVESTMENT, LP, TO LENDLEASE MOTION TO STRIKE

10/21/2021: Opposition - OPPOSITION OF L.A. DOWNTOWN INVESTMENT, LP, TO LENDLEASE MOTION TO STRIKE

Amendment to Complaint (Fictitious/Incorrect Name)

10/6/2021: Amendment to Complaint (Fictitious/Incorrect Name)

Memorandum - LENDLEASE (US) CONSTRUCTION, INC.'S MEMORANDUM OF POINTS AND AUTHORITIES RE COMMENCEMENT OF WORK TO ESTABLISH LIEN PRIORITY

10/8/2021: Memorandum - LENDLEASE (US) CONSTRUCTION, INC.'S MEMORANDUM OF POINTS AND AUTHORITIES RE COMMENCEMENT OF WORK TO ESTABLISH LIEN PRIORITY

Brief - BRIEF WEBCOR CONSTRUCTION LP'S OPENING BRIEF RE LIN PRIORITY

10/8/2021: Brief - BRIEF WEBCOR CONSTRUCTION LP'S OPENING BRIEF RE LIN PRIORITY

Brief - BRIEF OF BEHALF OF ACCO ENGINEERED SYSTEMS, INC., BAPKO METAL, INC., AND MARTIN BROS. IN SUPPORT OF WEBCOR CONSTRUCTION, L.P.'S OPENING BRIEF RE: LIEN PRIORITY

10/8/2021: Brief - BRIEF OF BEHALF OF ACCO ENGINEERED SYSTEMS, INC., BAPKO METAL, INC., AND MARTIN BROS. IN SUPPORT OF WEBCOR CONSTRUCTION, L.P.'S OPENING BRIEF RE: LIEN PRIORITY

Brief - CHICAGO TITLE INSURANCE COMPANY'S BRIEF REGARDING CALIFORNIA LAW CONCERNING COMMENCEMENT OF WORK

10/8/2021: Brief - CHICAGO TITLE INSURANCE COMPANY'S BRIEF REGARDING CALIFORNIA LAW CONCERNING COMMENCEMENT OF WORK

Brief - BRIEF REGARDING CALIFORNIA LAW ON COMMENCEMENT OF WORK AND SEPARATE WORKS OF IMPROVEMENT

10/8/2021: Brief - BRIEF REGARDING CALIFORNIA LAW ON COMMENCEMENT OF WORK AND SEPARATE WORKS OF IMPROVEMENT

Joinder

10/8/2021: Joinder

Amendment to Complaint (Fictitious/Incorrect Name)

10/8/2021: Amendment to Complaint (Fictitious/Incorrect Name)

Brief - OCEANWIDE PLAZA LLC'S BRIEF RE THE QUESTION OF LIEN PRIORITY

10/8/2021: Brief - OCEANWIDE PLAZA LLC'S BRIEF RE THE QUESTION OF LIEN PRIORITY

673 More Documents Available

 

Docket Entries

  • 04/07/2022
  • Hearing04/07/2022 at 10:00 AM in Department 10 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/15/2022
  • Hearing03/15/2022 at 10:00 AM in Department 10 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 11/03/2021
  • Hearing11/03/2021 at 1:30 PM in Department 10 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Strike by Lendlease (US) Consruction Inc. and Lendlease (US) Construction Holdings Inc., Portions of Chicago Title Insurance Company's Cross-Complaint

    Read MoreRead Less
  • 11/03/2021
  • Hearing11/03/2021 at 1:30 PM in Department 10 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Strike by Lendlease (US) Construction Holdings Inc., Portions of Ladi's Cross-Complaint

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  • 11/03/2021
  • Hearing11/03/2021 at 1:30 PM in Department 10 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Demurrer - without Motion to Strike

    Read MoreRead Less
  • 11/03/2021
  • Hearing11/03/2021 at 1:30 PM in Department 10 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Strike by Lendlease (US) Construction Inc., Portions of Ladi's Cross-Complaint

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  • 11/03/2021
  • Hearing11/03/2021 at 1:30 PM in Department 10 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Demurrer - without Motion to Strike

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  • 11/01/2021
  • Hearing11/01/2021 at 2:30 PM in Department 10 at 312 North Spring Street, Los Angeles, CA 90012; Further Status Conference

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  • 10/21/2021
  • DocketShaw and Son's Notice of Joinder and Joinder in Webcor Construction L.P.'s Reply Brief Re Lien Priority; Filed by Shaw & Sons Inc. (Defendant)

    Read MoreRead Less
  • 10/21/2021
  • DocketStandard Drywall, Inc.'s Joinder to Lendlease (US) Construction L.P.'s Reply Brief Re Lien Priority; Filed by Standard Drywall, Inc. (Plaintiff)

    Read MoreRead Less
1,027 More Docket Entries
  • 02/22/2019
  • DocketNotice ( OF PENDENCY OF ACTION); Filed by Webcor Construction, LP, a California limited partnership (Plaintiff)

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  • 01/31/2019
  • DocketComplaint; Filed by Martin Bros./Marcowall, Inc. (Plaintiff)

    Read MoreRead Less
  • 01/31/2019
  • DocketComplaint; Filed by MASONRY CONCEPTS, INC., a California Corporation (Plaintiff)

    Read MoreRead Less
  • 01/31/2019
  • DocketComplaint; Filed by Kamran and Company, Inc. (Plaintiff)

    Read MoreRead Less
  • 01/31/2019
  • DocketComplaint; Filed by ENCLOS CORP, a Minnesota corporation, (Plaintiff)

    Read MoreRead Less
  • 01/31/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 01/31/2019
  • DocketComplaint; Filed by Webcor Construction, LP, a California limited partnership (Plaintiff)

    Read MoreRead Less
  • 01/31/2019
  • DocketCivil Case Cover Sheet; Filed by Webcor Construction, LP, a California limited partnership (Plaintiff)

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  • 01/31/2019
  • DocketSummons (on Complaint); Filed by Webcor Construction, LP, a California limited partnership (Plaintiff)

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  • 01/31/2019
  • DocketComplaint; Filed by Sharpe Interior Systems, Inc. (Plaintiff)

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Tentative Rulings

Case Number: 19STCV03357    Hearing Date: March 13, 2020    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

WEBCOR CONSTRUCTION, LP

vs.

LENDLEASE (US) CONSTRUCTION, INC., et al.

Case No.: 19STCV03357

Hearing Date: March 13, 2020

LADI’s motion to confirm that discovery against it is stayed under the Court’s 10/30/19 discovery stay order is DENIED.

On January 31, 2019, Plaintiff Webcor Construction, LP (Webcor) filed suit against Lendlease (US) Construction, Inc. (Lendlease); Oceanwide Plaza, LLC (Oceanwide); L.A. Downtown Investment, LP (LADI); Chicago Title Insurance Company (Chicago Title); Masonry Concepts, Inc.; Twining, Inc. (Twining); and PHL, Inc. dba VNSM (PHL). On March 26, 2019, Webcor filed a first amended complaint (FAC) alleging: (1) breach of contract; (2) foreclosure of mechanics lien; (3) violation of prompt payment statutory duties; (4) quantum meruit; and (5) declaratory relief.

On April 4, 2019, Oceanwide filed a motion to compel arbitration and stay the proceedings. On April 25, 2019, Lendlease also filed a motion to compel arbitration and stay the proceedings. The Court consolidated these two motions and continued the hearing to June 27, 2019. On July 3, 2019, the Court denied Oceanwide’s and Lendlease’s motions to compel arbitration. On August 12, 2019, Lendlease filed notice of its appeal of the Court’s denial of Oceanwide’s and Lendlease’s motions to compel arbitration.

On October 30, 2019, the Court denied Webcor’s motion to proceed with discovery against Oceanwide and Lendlease, pending the outcome of the appeals of the orders denying their motion to compel arbitration.

LADI now moves for an order confirming that it is covered by the Court’s ordered stay in discovery.

Factual Background

The subject construction project is Oceanwide Plaza (the Project), a large mixed-use project consisting of three high-rise towers on Figueroa Street in downtown Los Angeles. (FAC ¶ 12.) Defendant Oceanwide contracted with Lendlease, a general contractor, to build the Project. (FAC ¶ 13.) Lendlease, in turn, contracted with Plaintiff Webcor for Webcor’s services in connection with the installation of concrete and reinforcing work on the Project. (FAC ¶ 23.) The original price for the work in the Webcor-Lendlease subcontract (the “Subcontract”) was $122 million. (FAC ¶ 24.) As a result of delays and changes to the scope of the project allegedly perpetuated by Oceanwide, Webcor incurred additional expenses, and it alleges that it is currently owed $60 million. (FAC ¶ 40.)

Webcor subsequently placed a lien on the Property in this amount. Oceanwide moved this Court to reduce the lien, but on June 17, 2019, the Court denied the motion.

Discussion

LADI contends that this Court’s order staying discovery applies to the entire action, thereby precluding Webcor from propounding requests for discovery upon LADI.

Code of Civil Procedure (CCP) section 916 provides:

(a) Except as provided in Sections 917.1 to 917.9, inclusive, Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.

Here, LADI argues that the Court’s order staying discovery should be interpreted to apply to the entire action given the plain language of the Court’s order, and because allowing discovery to partially proceed would prejudice other defendants and allow Webcor to skirt the discovery stay.

In opposition, Webcor argues that the plain language of the order, and conversations made before the Court on the record, clearly indicate that the scope of the discovery stay was meant to apply to Defendants Oceanwide and Lendlease.

In reviewing this Court’s previous order, and the relevant transcripts, the Court notes the following exchange:

The Court: [The limited stay on discovery] was meant only to apply to the party—the issues that are on appeal, right?

Ms. MacIntosh: Right, so just to clarify, then. Those issues that would be on appeal are basically Webcor’s claims against Oceanwide and Lendlease, which were the subject of the Motions to Compel Arbitration.

The Court: Right.

Ms. MacIntosh: So, for example, Webcor has claims against [LADI] for declaratory relief. Those would not be impacted by the Appeals. And so from our perspective, discovery wouldn’t be stayed as to that claim. Am I correct?

The Court: Correct.

This exchange suggests that the Court clearly contemplated that the scope of the discovery stay would be limited to claims impacted by the pending appeals, i.e., Oceanwide and Lendlease’s claims. This interpretation is even consistent with the exchange cited by LADI itself in which the Court said, “And as I said, again, I realize its kind of a complex thing, but I think I can only take it one step at a time. And so for those of you that feel you’re not affected by the matters on appeal, go forward. For those of you who are, feel that way, then make your pitch to me and make the appropriate motion. Maybe you can all agree. I don’t know.” Clearly, the Court recognized that the scope of the discovery stay was limited under CCP section 916, subdivision (a) to those claims affected by the pending appeals, and invited the parties to work amongst themselves to delineate which claims would be affected and those that would not.

The Court’s written ruling reinforces this interpretation. The Court’s ruling states in relevant part:

In one sense, resolution of this motion is simple. Controlling California authority makes clear that Code of Civil Procedure section 916, subdivision (a) “stays all further trial court proceedings ‘upon the matter embraced in’ or ‘affected’ by the appeal.” (Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 189.) As a matter of logic, when the order being appealed is an order denying arbitration, the entirety of the proceedings is embraced in or affected by the appeal, because if the appeal is successful, the entirety of the proceedings would be halted. This observation accords with the Court of Appeal’s conclusion that “a proceeding affects the effectiveness of the appeal if the very purpose of the appeal is to avoid the need for that proceeding. . . . Thus, an appeal from the denial of a motion to compel arbitration automatically stays all further trial court proceedings on the merits.” (Id. at p. 190; see also Prudential-Bache Securities, Inc. v. Superior Court (1988) 201 Cal.App.3d 924, 925 [Here Bache appealed the order denying arbitration. That appeal affects the entire case. Thus, further trial court proceedings are stayed”].)

Interestingly, LADI points to this language to support its argument that the Court intended to issue a blanket stay of discovery. Yet, the very the logic of the ruling prevents that interpretation. The Court found that Oceanwide’s and Lendlease’s claims were inescapably affected by the appeal because “if the appeal is successful, the entirety of the proceedings would be halted.” This logic is inapplicable to LADI—LADI does not have an arbitration agreement with Webcor, and Webcor’s claims against LADI will continue in this forum, regardless of the outcome of Oceanwide’s and Lendlease’s appeals. The only argument advanced by LADI to show that it is affected by the appeal is that “Webcor’s claims against LADI do not arise unless and until Webcor first prevails against Appellants, establishing both the validity and amount of any lien.” (Motion, 8: 19-23.) However, by this logic, Webcor would not just be prohibited from pursuing discovery against LADI until the arbitrability question was determined on appeal, but until a final judgment had been issued. LADI has cited no authority which supports this position.

The Court finds that the plain language of CCP section 916 and the Court’s representations of its discovery stay—both the written order and in discussion on the record—shows that Webcor is not prohibited from pursuing discovery from LADI on matters which are not affected by the appeal.

It is so ordered.

Dated: March ___, 2020

Hon. Jon R. Takasugi

Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.

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