Shenanwood Development v. Cell-Cret CA2/3

Filed 4/9/14 Shenanwood Development v. Cell-Cret CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

SHENANWOOD DEVELOPMENT, INC., B243625

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BS136236) v.

CELL-CRETE CORPORATION,

Defendant and Respondent. ____________________________________ B245495 SHENANWOOD DEVELOPMENT, INC., (Los Angeles County Plaintiff and Appellant, Super. Ct. No. BS136236)

v.

JAIME ROZO GONZALEZ,

Defendant and Respondent.

APPEAL from orders of the Superior Court of Los Angeles County, Terry A. Green, Judge. Affirmed. Bruce Altschuld for Plaintiff and Appellant. Law Offices of David L. Brault, David L. Brault and Robert Lindkvist for Defendant and Respondent Cell-Crete Corporation.

Schwartz & Janzen and Noel E. Macaulay for Defendant and Respondent Jaime Rozo Gonzalez. _________________________ INTRODUCTION In this consolidated action, Shenanwood Development, Inc. appeals from the order of the trial court denying its motion to vacate an arbitration award and instead granting the motions to confirm the award brought by defendants Cell-Crete Corporation and Jaime Rozo Gonzalez d/b/a Planet Stone (together defendants). We discern no error and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND 1. The parties and the arbitration This action arose out of the construction of a four-story, 16-unit wood-framed apartment building in Los Angeles. Shenanwood contracted with Cell-Crete to install lightweight concrete over the wood subfloor on the second through fourth levels of the building (the Floor Agreement). Shenanwood separately contracted with Planet Stone to install, among other things, travertine tile over Cell-Crete’s concrete floors (the Tile Agreement). Construction commenced in 2006 and was completed in 2007. After unsuccessfully requesting defendants repair some floor cracks, Shenanwood petitioned for arbitration seeking negligence damages, the cost of repair, delay damages, and compensation for lost sales revenue. Planet Stone cross-claimed against Shenanwood. 2. The clause at issue The Floor and Tile Agreements contained the following clause at section 29: “The parties shall equally share all costs and fees of arbitration, including arbitrator compensation. Any party who fails to pay his share of costs and fees when due pursuant to invoice from the arbitration tribunal shall suffer a default notwithstanding any rule to the contrary the arbitrator shall enter the default of such party upon application of the other party. Following entry of default, such party shall not be permitted to present testimony and evidence in support of his claim or testimony and evidence in support of his defense. A party may be excused by the arbitrator from entry of default only upon a