Judge: Bruce G. Iwasaki, Case: 22STCP03309, Date: 2022-10-20 Tentative Ruling

Case Number: 22STCP03309    Hearing Date: October 20, 2022    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             October 20, 2022

Case Name:                G&H Diversified Manufacturing LP v. Regreen Technologies, Inc., et al.

Case No.:                    22STCP03309

Matter:                        Petition to Confirm Arbitration Award

Moving Party:             Petitioner G&H Diversified Manufacturing LP.

Responding Party:      Unopposed

Tentative Ruling:      The Petition is granted.

            G&H Diversified Manufacturing LP (Petitioner) filed a demand for arbitration against Regreen Technologies (Respondent), asserting that Respondent breached the written Settlement Agreement between the parties. 

            The agreement required that Respondent pay $2,207,046.00 plus interest and was reached as part of a federal case.  That case involved breach of contract claims as to six waste processing machines.  Petitioner allegedly loaned $1.6 million dollars to Respondent to obtain one of those machines to disassemble and prepare a “master 3-D model” of the machine for manufacturing purposes.  This would allow Respondent to partner with a U.S. manufacturing company to build machines under its licenses.

            The arbitrator found in favor of Petitioner and awarded:

1.     A total of Principal plus Interest for breach of the underlying Settlement Agreement in the amount of $2,136,737.35;

2.     Attorneys’ fees of $1,650;

3.     Costs of the Arbitrator in the amount of $1,351 plus Arbitration ($1,500 paid by G&H);

4.     10 percent annual interest accruing daily on the total Arbitration Award from five days after the Arbitration Award is issue.

            UST Group filed a Petition to Confirm Arbitration Award.  No opposition was filed.

Timeliness

            No petition may be served and filed until at least 10 days after service of the signed copy of the award upon petitioner. (Code Civ. Proc., § 1288.4.) 

            The proof of service indicates that Respondent’s counsel was served with the arbitration award on August 1, 2022.  This petition was filed on September 7.  Therefore, the Petition is timely.

Compliance under Code of Civil Procedure section 1285.4

            Petitioner seeks to confirm an arbitration award issued by the Honorable Joyce Fahey of Signature Resolution, LLC.  

            The Petition complies with Code Civil Procedure section 1285.4.  Petitioner set forth the substance of the agreement to arbitrate in Paragraph 4(c) of Form ADR-106 Petition to Confirm Contractual Arbitration Award.  (Code Civ. Proc. § 1285.4, subd. (a).) The provision in Paragraph 13 of the Settlement Agreement provides:

“All Claims and Obligations arising out of or relating in any way to this Agreement . . . shall be resolved by submission to binding arbitration before JAMS or Signature Resolution, at the claimant's choice, in Los Angeles County, California, before a retired judge or justice.”