This case was last updated from San Francisco County Superior Courts on 01/06/2022 at 20:59:19 (UTC).

DAVID J. SULLIVAN VS. CANDEX SOLUTIONS, INC. ET AL

Case Summary

On 09/18/2018 DAVID J SULLIVAN filed a Contract - Other Contract lawsuit against CANDEX SOLUTIONS, INC. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The Judges overseeing this case are TERI L. JACKSON, GARRETT L. WONG and HAROLD E. KAHN. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9868

  • Filing Date:

    09/18/2018

  • Case Status:

    Not Classified By Court

  • Case Type:

    Contract - Other Contract

  • County, State:

    San Francisco, California

Judge Details

Judges

TERI L. JACKSON

GARRETT L. WONG

HAROLD E. KAHN

 

Party Details

Plaintiff

SULLIVAN, DAVID J. , AN INDIVIDUAL

Defendants

CANDEX SOLUTIONS, INC. , A DELAWARE CORPORATION

DOES 1-25

LAP[PIN, JEREMY , INDIVIDUALLY AND AS CHIEF EXECUTIVE OFFICER OF CANDEX SOLUTIONS, INC.

CANDEX SOLUTIONS, INC.

LAPPIN, JEREMY

Attorney/Law Firm Details

Plaintiff Attorney

KORNBLUM, GUY ORVILLE

Attorney at KORNBLUM, COCHRAN ERICKSON & HARBISON, LP

1388 Sutter Street, Ste 505

San Francisco, CA 94109

Defendant Attorney

SNYDER, JEFFREY ALAN

Attorney at SHUMAN SNYDER LLP

525 Middlefield Road Suite 140

Menlo Park, CA 94025

 

Court Documents

COMPLAINT

CONTRACT/WARRANTY, COMPLAINT FILED BY PLAINTIFF SULLIVAN, DAVID J. , AN INDIVIDUAL AS TO DEFENDANT CANDEX SOLUTIONS, INC. , A DELAWARE CORPORATION LAP[PIN, JEREMY , INDIVIDUALLY AND AS CHIEF EXECUTIVE OFFICER OF CANDEX SOLUTIONS, INC. DOES 1-25 SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR FEB-20-2019 PROOF OF SERVICE DUE ON NOV-19-2018 CASE MANAGEMENT STATEMENT DUE ON JAN-28-2019

Notice to Plaintiff

NOTICE TO PLAINTIFF

Specially Appearing Defendants Notice of Motion and Motion to Quash Su

NOTICE OF MOTION AND MOTION TO QUASH SUMMONS AND COMPLAINT BASED ON IMPROPER FORUM OR, IN THE ALTERNATIVE, COMPEL ARBITRATION AND STAY CIVIL ACTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF (TRANSACTION ID # 100039135) FILED BY DEFENDANT CANDEX SOLUTIONS, INC. LAPPIN, JEREMY HEARING SET FOR DEC-12-2018 AT 09:30 AM IN DEPT 302

Declaration of Jeremy Lappin ISO Motion to Quash Summons and Complaint

DECLARATION OF JEREMY LAPPIN IN SUPPORT OF MOTION TO QUASH SUMMONS AND COMPLAINT BASED ON IMPROPER FORUM OR, IN THE ALTERNATIVE, COMPEL ARBITRATION AND STAY CIVIL ACTION (TRANSACTION ID # 100039135) FILED BY DEFENDANT CANDEX SOLUTIONS, INC. LAPPIN, JEREMY

Proof of Service of Summons

SUMMONS ON COMPLAINT (TRANSACTION ID # 100053543), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF SULLIVAN, DAVID J. , AN INDIVIDUAL SERVED SEP-28-2018, PERSONAL SERVICE AS TO DEFENDANT CANDEX SOLUTIONS, INC.

Plaintiffs Opposition to Motion to Quash

OPPOSITION TO MOTION TO QUASH SUMMONS AND COMPLAINT (TRANSACTION ID # 100055215) FILED BY PLAINTIFF SULLIVAN, DAVID J. , AN INDIVIDUAL

Specially Appearing Defendants Reply To Plaintiffs Opposition To Their

REPLY REPLY TO PLAINTIFFS OPPOSITION TO THEIR MOTION TO QUASH SUMMONS AND COMPLAINT; OR COMPEL ARBITRATION AND STAY ACTION (TRANSACTION ID # 100039830) FILED BY DEFENDANT CANDEX SOLUTIONS, INC. LAPPIN, JEREMY

ORDER

ORDER GRANTING SPECIALLY APPEARING DEFENDANTS CANDEX SOLUTIONS, INC. AND JEREMY LAPPIN'S MOTION TO COMPEL ARBITRATION AND STAY CIVIL ACTION

Notice of Entry of Order Granting Specially Appearing Defendants Cande

NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED GRANTING SPECIALLY APPEARING DEFENDANTS CANDEX SOLUTIONS, INC. AND JEREMY LAPPIN'S MOTION TO COMPEL ARBITRATION AND STAY CIVIL ACTION (TRANSACTION ID # 100040219) FILED BY DEFENDANT CANDEX SOLUTIONS, INC. LAPPIN, JEREMY

Request for Dismissal

DISMISSAL OF ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF ACTION WITH PREJUDICE (TRANSACTION ID # 100060503)

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF FEB-20-2019 CONTINUED TO AUG-21-2019 AT 10:30 AM IN DEPARTMENT 610 FOR STATUS OF ARBITRATION STAY. NOTICE SENT BY COURT.

Order That Hearing is Off Calendar

CASE MANAGEMENT CONFERENCE OF AUG-21-2019 IS OFF CALENDAR. DISMISSAL ON FILE. NOTICE SENT BY COURT.

 

Docket Entries

  • 08/21/2019
  • HearingMatter(s): CASE MANAGEMENT CONFERENCE Off Calendar Aug-02-2019 Off Calendar; Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: GARRETT L. WONG

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  • 08/02/2019
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  • DocketCASE MANAGEMENT CONFERENCE OF AUG-21-2019 IS OFF CALENDAR. DISMISSAL ON FILE. NOTICE SENT BY COURT.

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  • 02/20/2019
  • HearingMatter(s): CASE MANAGEMENT CONFERENCE Off Calendar Feb-04-2019 Continued To Aug-21-19 At 10:30 A.M. In Dept 610; Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: GARRETT L. WONG

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  • 02/04/2019
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  • DocketCASE MANAGEMENT CONFERENCE OF FEB-20-2019 CONTINUED TO AUG-21-2019 AT 10:30 AM IN DEPARTMENT 610 FOR STATUS OF ARBITRATION STAY. NOTICE SENT BY COURT.

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  • 01/24/2019
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  • DocketDISMISSAL OF ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF ACTION WITH PREJUDICE (TRANSACTION ID # 100060503)

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  • 12/18/2018
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  • DocketNOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED GRANTING SPECIALLY APPEARING DEFENDANTS CANDEX SOLUTIONS, INC. AND JEREMY LAPPIN'S MOTION TO COMPEL ARBITRATION AND STAY CIVIL ACTION (TRANSACTION ID # 100040219) FILED BY DEFENDANT CANDEX SOLUTIONS, INC. LAPPIN, JEREMY

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  • 12/12/2018
  • DocketLAW AND MOTION 302, DEFENDANTS CANDEX SOLUTIONS, INC. AND JEREMY LAPPIN'S ALTERNATIVE MOTION TO COMPEL ARBITRATION AND STAY THIS CASE PENDING THE COMPLETION OF ARBITRATION PROCEEDINGS IS GRANTED. THE REFERRAL AGREEMENT CONTAINS AN ENFORCEABLE ARBITRATION CLAUSE AND PLAINTIFF DAVID SULLIVAN IS OBLIGATED TO ARBITRATE HIS CLAIMS IN NEW YORK CITY PURSUANT TO JAMS' RULES. (SEE MINI-MINUTES FOR DETAILS) ORDER IS SIGNED. JUDGE: HAROLD KAHN; CLERK: W. TRUPEK; REPORTER: MARIA TORREANO CSR#8600, EMAIL: TORREANOM@AOL.COM; (302/HEK)

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  • 12/12/2018
  • DocketMINI MINUTES FOR DEC-12-2018 09:30 AM FOR DEPT 302

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  • 12/12/2018
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  • DocketORDER GRANTING SPECIALLY APPEARING DEFENDANTS CANDEX SOLUTIONS, INC. AND JEREMY LAPPIN'S MOTION TO COMPEL ARBITRATION AND STAY CIVIL ACTION

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  • 12/12/2018
  • HearingMatter(s): Notice Of Motion And Motion To Quash Summons And Complaint Based On Improper Forum Or, In The Alternative, Compel Arbitration And Stay Civil Action; Memorandum Of Points And Authorities In Support Thereof Off Calendar Dec-12-2018 Text Ruling MINI MINUTES: Appearances: Guy O. Kornblum, Kornblum Cochran Erickson & Harbison, Telephone 415-440-7800, appearing for Plaintiff; Yaelle E. Shaham, Kornblum Cochran Erickson & Harbison, Telephone 415-440-7800, appearing for Plaintiff; Jeffrey A. Snyder, Esq., Shuman Snyder, Telephone 650-443-5100, appearing for Defendants, Candex Solutions, Inc., Jeremy Lappin; Ruling - ARGUED. The Court adopts the tentative ruling as follows: Defendants Candex Solutions, Inc. and Jeremy Lappin's alternative motion to compel arbitration and stay this case pending the completion of arbitration proceedings is granted. The Referral Agreement contains an enforceable arbitration clause and plaintiff David Sullivan is obligated to arbitrate his claims in New York City pursuant to JAMS' rules. Mr. Sullivan's argument that the arbitration clause did not survive termination of the agreement lacks merit. Section 4.1 provides: "This Agreement shall persist until terminated by written notice, delivered by either party, provided that Sections 1.2-1.6 and Articles 4-5 shall survive." The record on this motion is silent regarding whether the agreement was ever terminated "by written notice" in accordance with section 4.1. More fundamentally, Mr. Sullivan's position that the parties' dispute resolution process does not survive termination of the agreement is absurd and commercially unreasonable. The New York dispute resolution process was supposed to apply to "[a]ll disputes arising from or relating to this Agreement." (Referral Agreement, Section 2.1.) Most commercial disputes arise after a party breaches a contract and\/or terminates the agreement. "The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity." (Civil Code 1638.) New York law is in accord with this canon of construction. "[A] contract should not be interpreted to produce a result that is absurd, commercially unreasonable or contrary to the reasonable expectations of the parties." (Greenwich Capital Fin. Prods., Inc. v. Negrin, 74 A.D.3d 413, 415 (internal quotation marks and citation omitted).) Upholding the parties' arbitration agreement comports with the liberal federal policy favoring arbitration agreements. (Moses H. Cone Memorial Hospital v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24-25.) Order is signed. Judge: Harold Kahn; Clerk: W. Trupek; Reporter: Maria Torreano CSR#8600, email: torreanom@aol.com; (302\/HEK); Location: CIVIC CENTER COURTHOUSE ROOM 302; Judge Name: HAROLD E. KAHN

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1 More Docket Entries
  • 11/29/2018
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  • DocketOPPOSITION TO MOTION TO QUASH SUMMONS AND COMPLAINT (TRANSACTION ID # 100055215) FILED BY PLAINTIFF SULLIVAN, DAVID J. , AN INDIVIDUAL

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  • 11/09/2018
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  • DocketSUMMONS ON COMPLAINT (TRANSACTION ID # 100053543), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF SULLIVAN, DAVID J. , AN INDIVIDUAL SERVED SEP-28-2018, PERSONAL SERVICE AS TO DEFENDANT CANDEX SOLUTIONS, INC.

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  • 11/09/2018
  • FinancialPayment : COURT REPORTER FEES < 1 HOUR; Amount : $30; Payment Type : ELECTRONIC ; Receipt Number : R7818B09R003

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  • 11/09/2018
  • FinancialPayment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $900; Payment Type : ELECTRONIC ; Receipt Number : R7818B09F002

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  • 11/07/2018
  • DocketCOURT REPORTING SERVICES LESS THAN 1 HOUR (TRANSACTION ID # 100039135) FILED BY DEFENDANT CANDEX SOLUTIONS, INC. LAPPIN, JEREMY (Fee:$30.00)

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  • 11/07/2018
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  • DocketDECLARATION OF JEREMY LAPPIN IN SUPPORT OF MOTION TO QUASH SUMMONS AND COMPLAINT BASED ON IMPROPER FORUM OR, IN THE ALTERNATIVE, COMPEL ARBITRATION AND STAY CIVIL ACTION (TRANSACTION ID # 100039135) FILED BY DEFENDANT CANDEX SOLUTIONS, INC. LAPPIN, JEREMY

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  • 11/07/2018
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  • DocketNOTICE OF MOTION AND MOTION TO QUASH SUMMONS AND COMPLAINT BASED ON IMPROPER FORUM OR, IN THE ALTERNATIVE, COMPEL ARBITRATION AND STAY CIVIL ACTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF (TRANSACTION ID # 100039135) FILED BY DEFENDANT CANDEX SOLUTIONS, INC. LAPPIN, JEREMY HEARING SET FOR DEC-12-2018 AT 09:30 AM IN DEPT 302 (Fee:$900.00)

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  • 09/18/2018
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  • DocketNOTICE TO PLAINTIFF

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  • 09/18/2018
  • FinancialPayment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $450; Payment Type : CHECK ; Receipt Number : W1518918F039

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  • 09/18/2018
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  • DocketCONTRACT/WARRANTY, COMPLAINT FILED BY PLAINTIFF SULLIVAN, DAVID J. , AN INDIVIDUAL AS TO DEFENDANT CANDEX SOLUTIONS, INC. , A DELAWARE CORPORATION LAP[PIN, JEREMY , INDIVIDUALLY AND AS CHIEF EXECUTIVE OFFICER OF CANDEX SOLUTIONS, INC. DOES 1-25 SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR FEB-20-2019 PROOF OF SERVICE DUE ON NOV-19-2018 CASE MANAGEMENT STATEMENT DUE ON JAN-28-2019 (Fee:$450.00)

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Tentative Rulings

Case Number:*******9868
Case Title:DAVID J. SULLIVAN VS. CANDEX SOLUTIONS, INC. ET AL
Court Date:DEC-12-2018 09:30 AM
Calendar Matter:Notice Of Motion And Motion To Quash Summons And Complaint Based On Improper Forum Or, In The Alternative, Compel Arbitration And Stay Civil Action; Memorandum Of Points And Authorities In Support Thereof
Rulings:Set for hearing on Wednesday, December 12, 2018, Line 13,DEFENDANT CANDEX SOLUTIONS, INC., JEREMY LAPPIN's Motion To Quash Summons And Complaint Based On Improper Forum Or, In The Alternative, Compel Arbitration And Stay Civil Action; Defendants Candex Solutions, Inc. and Jeremy Lappin's alternative motion to compel arbitration and stay this case pending the completion of arbitration proceedings is granted. The Referral Agreement contains an enforceable arbitration clause and plaintiff David Sullivan is obligated to arbitrate his claims in New York City pursuant to JAMS' rules. Mr. Sullivan's argument that the arbitration clause did not survive termination of the agreement lacks merit. Section 4.1 provides: "This Agreement shall persist until terminated by written notice, delivered by either party, provided that Sections 1.2-1.6 and Articles 4-5 shall survive." The record on this motion is silent regarding whether the agreement was ever terminated "by written notice" in accordance with section 4.1. More fundamentally, Mr. Sullivan's position that the parties' dispute resolution process does not survive termination of the agreement is absurd and commercially unreasonable. The New York dispute resolution process was supposed to apply to "[a]ll disputes arising from or relating to this Agreement." (Referral Agreement, Section 2.1.) Most commercial disputes arise after a party breaches a contract and/or terminates the agreement. "The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity." (Civil Code 1638.) New York law is in accord with this canon of construction. "[A] contract should not be interpreted to produce a result that is absurd, commercially unreasonable or contrary to the reasonable expectations of the parties." (Greenwich Capital Fin. Prods., Inc. v. Negrin, 74 A.D.3d 413, 415 (internal quotation marks and citation omitted).) Upholding the parties' arbitration agreement comports with the liberal federal policy favoring arbitration agreements. (Moses H. Cone Memorial Hospital v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24-25.) Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. Counsel for Candex is required to prepare a proposed which repeats verbatim the substantive portion of the tentative ruling and judgment and must bring them to the hearing or email them to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.=(302/HK)


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