Judge: Robert P. Dahlquist, Case: 37-2021-00038532-CU-BC-NC, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - February 29, 2024

03/01/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Breach of Contract/Warranty Hearing on Petition 37-2021-00038532-CU-BC-NC DTS ENTERPRISE INC VS SUN COUNTRY BUILDERS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Petitioner/defendant Sun Country Builders, Inc.'s unopposed petition to confirm arbitration award (ROA # 41) is granted.

On October 15, 2021, plaintiff DTS Enterprise, Inc. filed a first amended complaint against defendants Sun Country Builders, Inc. and Liberty Mutual Insurance Company asserting causes of action for breach of written contract, violation of California's prompt payment statutes, breach of the implied covenant of good faith and fair dealing, indebitatus assumpsit, account stated, open book account, quantum meruit, claim on mechanic lien release bond and declaratory relief.

On November 19, 2021, this court granted defendant's motion to compel arbitration. ROA # 23.

On January 12, 2024, an arbitration was conducted by the American Arbitration Association. The arbitrator issued an award in favor of Sun Country Builders, Inc. in the amount of $37,137.20 against DTS Enterprise, in addition to an award of costs of $2,647.50 to Sun Country Builders, Inc. See Petition (ROA # 41), Attachment 8(c).

Petitioner/defendant petitions to confirm the arbitration award. ROA # 41. Respondent/plaintiff has not opposed the petition.

Under CCP § 1285.4 a petition must have (1) a copy of the agreement to arbitrate, or the substance of the agreement to arbitrate; (2) the name(s) of the arbitrator(s); and (3) a copy of the award and written opinion of the arbitrators. The petition here complies with these requirements. See Petition, Exhibit 6(c).

Therefore, the arbitration award is confirmed. Judgment shall be entered in favor of Sun Country Builders, Inc. and against petitioner, DTS Enterprise, Inc., in the principal amount of $37,137.20 plus costs in the amount of $2,647.50.

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Friday, March 1, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of March 1, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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