SensorMetrix v. Dzine Unlimited CA4/1

Filed 5/16/25 SensorMetrix v. Dzine Unlimited CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

SENSORMETRIX, D084143

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2023- 00024668-CU-PA-CTL) DZINE UNLIMITED, INC.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Eddie C. Sturgeon, Judge. Affirmed. Decker Law, James Decker, Griffin Schindler and Christopher Jones for Defendant and Appellant. Amin Wasserman Gurnani and William P. Cole for Plaintiff and Respondent. SensorMetrix entered into a government contract to make a technology and subcontracted with Dzine Unlimited, Inc. for a portion of the contract. When a dispute arose, Dzine and SensorMetrix submitted it to arbitration under the terms of their subcontract. The arbitrator found in favor of SensorMetrix, and the superior court confirmed the arbitration award over

Dzine’s motion to vacate. On appeal, Dzine contends the court erred in confirming the award because the arbitrator exceeded his powers by basing his decision on an interpretation of the subcontract contrary to its express provisions. We discern no error and accordingly affirm. I. A. SensorMetrix contracted with a branch of the United States military to design and demonstrate a non-contact hit sensor (NCHS) to measure bullet trajectories. SensorMetrix sent Dzine a request for proposal to participate as a subcontractor. The request contemplated three phases of Dzine’s work: (a) “an ‘alpha’ phase, in which Dzine would design and build an NCHS version to permit an initial evaluation and testing; (b) a ‘beta’ phase, involving a revised design and building of a mechanical version of the NCHS system; and (c) the demonstration phase, in which Dzine would incorporate final design changes and oversee the physical production of the” NCHS systems. Effective February 2020, SensorMetrix subcontracted with Dzine to perform ten tasks related to these phases. The subcontract was an incrementally funded “Firm Fixed Price Completion subcontract,” under which Dzine would receive approximately $285,000 for completing the ten tasks. The agreement expired December 6, 2021. At the time of execution, roughly $58,000 was funded for three tasks. SensorMetrix was not liable for payments exceeding that amount “unless additional funds are made available and are incorporated as a modification to this subcontract.” Dzine, meanwhile, was not obligated to perform services exceeding the price of initial funding “until such time [as] additional contract