Judge: Elaine Lu, Case: 23STCP02830, Date: 2023-09-25 Tentative Ruling
Case Number: 23STCP02830 Hearing Date: September 25, 2023 Dept: 26
Superior Court of
California
|
NBCUNIVERSAL MEDIA LLC dba
NBCUniversal; MACHETE CORPORATION, d/b/a MACHETE PRODUCTIONS; CAMPING WORLD,
INC.; Petitioners, v. LYNN E. FELDMAN, ESQUIRE, IN HER CAPACITY AS THE
CHAPTER 7 TRUSTEE FOR THE ESTATE OF PRECISE GRAPHIX, LLC, Respondent. |
Case No.:
23STCP02830 Hearing Date: September 25, 2023 [TENTATIVE] order RE: Petition to Confirm arbitration award |
On July
5, 2022, Lynn E. Feldman, Esquire, in her capacity as the Chapter 7 Trustee for
the Estate of Precise Graphix, LLC (“Respondent”) filed a demand for arbitration with JAMS against Petitioners NBCUniversal
Media LLC, Machete Corporation, and Camping World, Inc. (collectively
“Petitioners”) pursuant to a pre-dispute arbitration agreement. (Petition ¶ 4, Exh. B.) Following a multi-week evidentiary hearing on
the merits, on May 31, 2023, the JAMS arbitrator – the Honorable Ann I. Jones
(Ret.) – issued a written final award denying Respondent’s claims in their
entirety and awarding Petitioners approximately $7.1 million in combined attorneys'
fees and costs. (Petition ¶ 6, Exh.
A.)
On
June 13, 2023, Respondent filed a notice of appeal of the Final Award with
JAMS. (Petition ¶ 8.) On July 17, 2023, in the bankruptcy action
pending in the Eastern District of Pennsylvania, entitled In re Precise
Graphix, LLC, Case No. 21012663, Respondent and Petitioners entered into a
stipulation and order, under which Respondent agreed to withdraw the pending
JAMS appeal and agreed to waive any rights to challenge or oppose confirmation
of the arbitration award. (Petition ¶¶
9-10, Exh. E.)
On
August 29, 2023, the Court granted the parties stipulation – stipulating to the
above facts – and stipulating to confirmation of the Final Award and entry of
judgment as set forth in the [Proposed] Judgment lodged by Petitioners on
August 4, 2023. (Stipulation filed
8/29/23.)
The court must confirm the award as made,
unless it corrects or vacates the award, or dismisses the proceeding. (CCP § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) As the parties have stipulated to the entry
of judgment pursuant to the Final Award, the instant petition is GRANTED.
CONCLUSION
AND ORDER
Based on the foregoing, Petitioners NBCUniversal Media LLC, Machete
Corporation, and Camping World, Inc.’s petition to confirm the
arbitration award is GRANTED.
The proposed judgment lodged on August 4,
2023 is signed and hereby incorporated.
Moving Parties are ordered to provide
notice of this order and file proof of service of such.
DATED: September ___, 2023 ___________________________
Elaine
Lu
Judge
of the Superior Court