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

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

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

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

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.

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

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

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)

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

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

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

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

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.

FinancialPayment : COURT REPORTER FEES < 1 HOUR; Amount : $30; Payment Type : ELECTRONIC ; Receipt Number : R7818B09R003

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

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

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

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)

DocketNOTICE TO PLAINTIFF

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

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)