On October 06, 2020 a
Motion-Secondary
was filed
involving a dispute between
Pulice Construction, Inc Am Arizona Corporation,
and
San Bernardino County Transportation Authoritya Joint Powers Authority,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
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H Theodore L Senet, Esq. (CSB # 082788) Exempt from Filing Fees
tsenpt@gibbsgiden.com Government Code § 6103
5 “‘J‘f
Chnsto her K. Trembley, Esq. (CSB # 281237)
ctremb ey gibbsgidermom
GIBBS
P
G EN LOCHER TURNER SENET & WITTBROD'IsmTY OF SAN BERNngNTG
ORigU'fi'Tgp BurpRNIA
1880 Century Park East, 12th Floor BERNARD'NO DW‘C‘ SAN
Los Angeles, California 90067-1621
JUN 0 1 202‘
,ffihtfl‘
Tel: (310) 552—3400
\DOOQONUIAUJN
Julianna K. Tiuquist, Esq. (CSB # 180552)
SAN BERNARDINO COUNTY TRANSPORTATION AUTIbeIJTéfTE RODRIGUEZ, DEPUT
QM .<
1170 West Third Street, 2nd Floor
San Bernardino, California 92410
Attorneys for Defendant SAN BERNARDINO COUNTY TRANSPORTATION
LLP AUTHORITY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
WITI'BRODT
S;
PULICE CONSTRUCTION, INC, an Afizona Case No. CIV DS 2020473
corporation
SENET
Assigned to the Hon. Wilfied J. Schneider,
Plamtlff,
11, Department S32
TURNER
V.
[Unlimited Jurisdiction]
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY, a joint NOTICE OF MOTION AND MOTION
OF DEFENDANT SAN BERNARDINO
LOCHER
powers authority; and DOES 1 through 10,
inclusive, COUNTY TRANSPORTATION
AUTHORITY TO COMPEL
NNNNNNNNNu—Ir—Iy—Ir—IHHHr—Ir—ar—d
GIDEN
mflambWNHONOOOVQUl-bWNfi-‘O
Defendants. ARBITRATION AND STAY ACTION
PENDING ARBITRATION;
GIBBS
MEMORANDUM 0F POINTS AND
AUTHOgITIES IN SUPPORT
THERE F
W) Set me .
[Filed concurrently with Declarations 0f
Jeflery Hill, Jagdish Patel and Theodore L.
Senet, Esq.; and Order thereon (proposedfl
Date: August 3, 2021
Time: 9:00 a.m.
Dept: S32
Complaint Filed: October 6. 2020
///
1
NOTICE 0F MOTIONAND MOTION T0 COMPEL ARBITRATIONAND STA YACTION
2542855.!
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on August 3, 2021, at 9:00 a.m. or as soon as the
matter may be heard in Department S32 of the above—referenced Court, located at 247 West
\OOOQmUl-PUJNp—i
Third Street, San Bernardino, California 92415, Defendant SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY will and hereby does move for an Order compelling
arbitration and staying proceedings until completion of arbitration, in accordance with
California law and the written agreements governing this dispute.
LLP
Relevant portions of the contract between Plaintiff PULICE CONSTRUCTION, INC.
WITI‘BRODT
(“Pulice”) and Defendant SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (“SBCTA”), and relevant portions of the contract specifications incorporated
8L
into the contract by reference, are attached as Exhibit A and Exhibit B, respectively, to the
Declaration of Jeffery Hill submitted herewith and incorporated herein by reference.
SENET
Relevant portions of the subsequently executed Dispute Resolution Board Agreement
TURNER
between Pulice and SBCTA, which acknowledges and confirms the parties’ agreement to
LOCHER
submit this dispute to arbitration, is attached as Exhibit A to the Declaration of Jagdish Patel
NNNNNNNNNHHHHr—dr—Ir—Ir—lr—Ap—a
submitted herewith and incorporated herein by reference.
GIDEN
This Motion will be made pursuant to California Public Contract Code § 10240 on
now pending before this mandatory
WNQM$WNHO©WNQMAUJNHO
the grounds that the action Court is subj ect to arbitration
GIBBS
pursuant to California law, and as provided by the arbitration provisions contained in the
agreements executed by the parties. California law favors arbitration of disputes on public
works of improvements, and Pulice has failed to comply with its contractual requirements to
exhaust administrative remedies prior to filing this action.
This Motion is also made pursuant to California Code 0f Civil Procedure § 1 28 1 .4, on
the grounds that when the Court orders the parties to arbitrate this dispute, the Court should
stay the current litigation pending completion of arbitration. This Motion is based on this
Notice, the Memorandum of Points and Authorities filed herewith, the Declarations of
Jeffery Hill and Jagdish Patel and the exhibits attached thereto filed herewith, the
2
NOTICE 0F MOTIONAND MOTION T0 COMPEL ARBITRATIONAND STAYACTION
25428551
Document Filed Date
June 01, 2021
Case Filing Date
October 06, 2020
Category
Breach of Contract/Warranty Unlimited
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H Theodore L Senet, Esq. (CSB # 082788) Exempt from Filing Fees tsenpt@gibbsgiden.com Government Code § 6103 5 “‘J‘f Chnsto her K. Trembley, Esq. (CSB # 281237) ctremb ey gibbsgidermom GIBBS P G EN LOCHER TURNER SENET & WITTBROD'IsmTY OF SAN BERNngNTG ORigU'fi'Tgp BurpRNIA 1880 Century Park East, 12th Floor BERNARD'NO DW‘C‘ SAN Los Angeles, California 90067-1621 JUN 0 1 202‘ ,ffihtfl‘ Tel: (310) 552—3400 \DOOQONUIAUJN Julianna K. Tiuquist, Esq. (CSB # 180552) SAN BERNARDINO COUNTY TRANSPORTATION AUTIbeIJTéfTE RODRIGUEZ, DEPUT QM .< 1170 West Third Street, 2nd Floor San Bernardino, California 92410 Attorneys for Defendant SAN BERNARDINO COUNTY TRANSPORTATION LLP AUTHORITY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO WITI'BRODT S; PULICE CONSTRUCTION, INC, an Afizona Case No. CIV DS 2020473 corporation SENET Assigned to the Hon. Wilfied J. Schneider, Plamtlff, 11, Department S32 TURNER V. [Unlimited Jurisdiction] SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a joint NOTICE OF MOTION AND MOTION OF DEFENDANT SAN BERNARDINO LOCHER powers authority; and DOES 1 through 10, inclusive, COUNTY TRANSPORTATION AUTHORITY TO COMPEL NNNNNNNNNu—Ir—Iy—Ir—IHHHr—Ir—ar—d GIDEN mflambWNHONOOOVQUl-bWNfi-‘O Defendants. ARBITRATION AND STAY ACTION PENDING ARBITRATION; GIBBS MEMORANDUM 0F POINTS AND AUTHOgITIES IN SUPPORT THERE F W) Set me . [Filed concurrently with Declarations 0f Jeflery Hill, Jagdish Patel and Theodore L. Senet, Esq.; and Order thereon (proposedfl Date: August 3, 2021 Time: 9:00 a.m. Dept: S32 Complaint Filed: October 6. 2020 /// 1 NOTICE 0F MOTIONAND MOTION T0 COMPEL ARBITRATIONAND STA YACTION 2542855.! TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on August 3, 2021, at 9:00 a.m. or as soon as the matter may be heard in Department S32 of the above—referenced Court, located at 247 West \OOOQmUl-PUJNp—i Third Street, San Bernardino, California 92415, Defendant SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY will and hereby does move for an Order compelling arbitration and staying proceedings until completion of arbitration, in accordance with California law and the written agreements governing this dispute. LLP Relevant portions of the contract between Plaintiff PULICE CONSTRUCTION, INC. WITI‘BRODT (“Pulice”) and Defendant SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (“SBCTA”), and relevant portions of the contract specifications incorporated 8L into the contract by reference, are attached as Exhibit A and Exhibit B, respectively, to the Declaration of Jeffery Hill submitted herewith and incorporated herein by reference. SENET Relevant portions of the subsequently executed Dispute Resolution Board Agreement TURNER between Pulice and SBCTA, which acknowledges and confirms the parties’ agreement to LOCHER submit this dispute to arbitration, is attached as Exhibit A to the Declaration of Jagdish Patel NNNNNNNNNHHHHr—dr—Ir—Ir—lr—Ap—a submitted herewith and incorporated herein by reference. GIDEN This Motion will be made pursuant to California Public Contract Code § 10240 on now pending before this mandatory WNQM$WNHO©WNQMAUJNHO the grounds that the action Court is subj ect to arbitration GIBBS pursuant to California law, and as provided by the arbitration provisions contained in the agreements executed by the parties. California law favors arbitration of disputes on public works of improvements, and Pulice has failed to comply with its contractual requirements to exhaust administrative remedies prior to filing this action. This Motion is also made pursuant to California Code 0f Civil Procedure § 1 28 1 .4, on the grounds that when the Court orders the parties to arbitrate this dispute, the Court should stay the current litigation pending completion of arbitration. This Motion is based on this Notice, the Memorandum of Points and Authorities filed herewith, the Declarations of Jeffery Hill and Jagdish Patel and the exhibits attached thereto filed herewith, the 2 NOTICE 0F MOTIONAND MOTION T0 COMPEL ARBITRATIONAND STAYACTION 25428551