On October 15, 2020 a
Order
was filed
involving a dispute between
Duke Realty Limited Liability Partnership An Indiana Corporation,
and
Hk General Contractors Inc. A California Corporation,
for Petition to Compel/Confirm/Vacate Arbitration (General Jurisdiction)
in the District Court of Los Angeles County.
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Stanley Mosk Courthouse, Department 52
20STCP03371 January 29, 2021
DUKE REALTY LIMITED LIABILITY PARTNERSHIP, AN 10:00 AM
INDIANA CORPORATION vs HK GENERAL
CONTRACTORS, INC., A CALIFORNIA CORPORATION
Judge: Honorable Susan Bryant-Deason CSR: None
Judicial Assistant: M. De Luna ERM: None
Courtroom Assistant: T. Isunza Deputy Sheriff: None
APPEARANCES:
For Petitioner(s): Cindy Jina Lee (Telephonic)
For Defendant(s): No Appearances
NATURE OF PROCEEDINGS: Initial Status Conference *Related to case #: 19STCV12019-
Lead*; Hearing on Motion to Confirm Arbitration Award
Matter is called for hearing.
The Court reads its tentative ruling in open court.
PETITIONER DUKE REALTY LIMITED PARTNERSHIP’S PETITION TO CONFIRM
ARBITRATION AWARD
The court having read the papers and there being no opposition rules as follows:
CCP § 1290.4(a) provides, “A copy of the petition [to confirm arbitration] and a written notice of
the time and place of the hearing thereof and any other papers upon which the petition is based
shall be served in the manner provided in the arbitration agreement for the service of such
petition and notice.”
Petitioner submitted only the first five pages out of 25 pages of the July 13, 2018 agreement. The
first five pages do not include an arbitration agreement at all, nor a provision for service.
Paragraph 11.2 of the March 7, 2018 agreement, page 21, provides, “Written notice shall be
deemed to have been duly served if delivered in person or sent by (1) registered, or certified
mail, or overnight delivery (next business day) to [HK General Contractors, 23091 Antonio
Pkwy #325, Rancho Santa Margarita, CA 92688] or (2) electronic transmission (e.g. facsimile,
email) with a hard-copy delivered within seven (7) days after the transmission.
The Proof of Service of the Petition filed on December 16, 2020, and the Proof of Service of the
initial Notice of Hearing filed on January 13, 2021 declare service by United States mail to the
correct address but do not specify registered, certified, or overnight mail. Petitioner therefore did
Minute Order Page 1 of 2
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Stanley Mosk Courthouse, Department 52 20STCP03371 January 29, 2021 DUKE REALTY LIMITED LIABILITY PARTNERSHIP, AN 10:00 AM INDIANA CORPORATION vs HK GENERAL CONTRACTORS, INC., A CALIFORNIA CORPORATION Judge: Honorable Susan Bryant-Deason CSR: None Judicial Assistant: M. De Luna ERM: None Courtroom Assistant: T. Isunza Deputy Sheriff: None APPEARANCES: For Petitioner(s): Cindy Jina Lee (Telephonic) For Defendant(s): No Appearances NATURE OF PROCEEDINGS: Initial Status Conference *Related to case #: 19STCV12019- Lead*; Hearing on Motion to Confirm Arbitration Award Matter is called for hearing. The Court reads its tentative ruling in open court. PETITIONER DUKE REALTY LIMITED PARTNERSHIP’S PETITION TO CONFIRM ARBITRATION AWARD The court having read the papers and there being no opposition rules as follows: CCP § 1290.4(a) provides, “A copy of the petition [to confirm arbitration] and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.” Petitioner submitted only the first five pages out of 25 pages of the July 13, 2018 agreement. The first five pages do not include an arbitration agreement at all, nor a provision for service. Paragraph 11.2 of the March 7, 2018 agreement, page 21, provides, “Written notice shall be deemed to have been duly served if delivered in person or sent by (1) registered, or certified mail, or overnight delivery (next business day) to [HK General Contractors, 23091 Antonio Pkwy #325, Rancho Santa Margarita, CA 92688] or (2) electronic transmission (e.g. facsimile, email) with a hard-copy delivered within seven (7) days after the transmission. The Proof of Service of the Petition filed on December 16, 2020, and the Proof of Service of the initial Notice of Hearing filed on January 13, 2021 declare service by United States mail to the correct address but do not specify registered, certified, or overnight mail. Petitioner therefore did Minute Order Page 1 of 2