Bernett v. Rubin CA2/2

Filed 11/23/22 Bernett v. Rubin CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

BRAD BERNETT, B313680

Plaintiff and Appellant, (Los Angeles County Super. Ct. v. No. 20STCV34577)

ADAM RUBIN,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Rupert A. Byrdsong, Judge. Affirmed. Law Firm of Harold Greenberg, Harold Greenberg, Jenifer Anisman; Law Offices of Robert L. Bastian, Jr., and Robert L. Bastian, Jr., for Plaintiff and Appellant. McGarrigle, Kenney & Zampiello, Patrick C. McGarrigle and Michael J. Kenney for Defendant and Respondent.

Plaintiff and appellant Brad Bernett (plaintiff) appeals from the judgment of dismissal entered favor of defendant and respondent Adam Rubin (defendant) in this action for breach of contract. The judgment was entered pursuant to previous court orders (1) confirming an arbitration award dismissing defendant from a binding arbitration concerning alleged breach of the same contract at issue in this action and (2) sustaining, without leave to amend, defendant’s demurrer to the complaint. We affirm the judgment.

BACKGROUND In June 2019, plaintiff filed a demand for arbitration against defendant and Andrew Shanfeld (Shanfield) pursuant an arbitration provision in a home improvement contract (the HIC) entered into by Shanfield and Snow Construction, Inc. (Snow). The arbitration provision states in relevant part: “Any controversy or claim arising out of or related to this contract, or breach thereof, shall be settled by binding arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. . . . [¶] NOTICE: By initialing in the space below you are agreeing to have any dispute arising out of the matters included in the ‘Arbitration of disputes’ provision decided by neutral Arbitration as provided by California law and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. . . .” The arbitration provision was initialed by Snow and Shanfield. Plaintiff asserted rights under the HIC as the