Judge: Gail Killefer, Case: BC711033, Date: 2023-05-19 Tentative Ruling

Case Number: BC711033    Hearing Date: August 7, 2023    Dept: 37

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES – STANLEY MOSK COURTHOUSE

 

 

DRILL TECH DRILLING & SHORING, INC., a California Corporation,

 

                                  Plaintiff,

 

        v.

 

FUTURE DB INTERNATIONAL, INC., a California Corporation; GREAT AMERICAN INSURANCE COMPANY, an Ohio Corporation; CITY OF INDIO, a public entity; and DOES 1-100, inclusive.

 

                                 Defendants.

Case No. BC711033

 

[Assigned for all purposes to:

Hon. Gail Killefer – Dept. 37]

 

[Proposed] JUDGMENT

 

 

 

 

AND RELATED CROSS-ACTIONS.

________________________________________

            Drill Tech Drilling & Shoring, Inc. (“DTDS”), Future DB International, Inc.

 

(“FDBI”), the City of Indio (“INDIO”), Fidelity and Deposit Company of Maryland

 

(“F & D”) and Great American Insurance Company (“GAIC”) participated in a

 

binding arbitration of the claims in this action.

 

            The arbitrator, Mr. Kirk MacDonald, rendered his final award on January 26,

 

2023.  INDIO made a motion to confirm the award.  This Court confirmed the

 

award on May 19, 2023, and now enters judgment as follows:

 

            FDBI, GAIC, and INDIO shall pay DTDS $88,447.27.

 

            F&D is awarded nothing against any party.

 

            FDBI is awarded nothing against F&D.

 

            FDBI is awarded the total amount of $925,336.03 against INDIO.

 

            This Final Award is in full settlement of all claims and counterclaims submitted to this Arbitration.  All claims not expressly granted herein are hereby denied.

           

            As between FDBI and INDIO, INDIO shall pay 10% pre-judgment interest from June 21, 2018.

 

            As between DTDS, FDBI, and GAIC, no pre-judgment interest is awarded to DTDS.

 

Post-judgment interest per Code.

 

(Award, pp. 41-43.)

 

DATED:                                                          _______________________________

Hon. Gail Killefer

Judge, Los Angeles Superior Court