Vitatech Int’l, Inc. v. Sporn (2017) 16 Cal.App.5th 796
Nov 01, 2017OUTCOME: Reversal
Court of Appeal agreed with client's position that judgment was void, setting it aside
Andrew Ryan Nelson's Legal Cases (2)
Mission Viejo, CA
Intellectual property Lawyer at Mission Viejo, CA
Practice Areas: Intellectual Property, Trademark Application ... +2 more
Hyundai Amco America, Inc v. S3H, Inc., 232 Cal.App.4th 572 (2014)
Dec 07, 2014OUTCOME: Upon remand from the appellate court following successful appeal, opposing party dismissed its lawsuit against client.
S3H, a mechanical subcontractor, agreed to supply and install equipment for Hyundai's new building in Orange County. A dispute arose and Hyundai filed a lawsuit. S3H petitioned the court to send the ca ... se to arbitration as required by the parties' contract. The court denied the petition, reasoning that S3H did not first ask Hyundai to arbitrate. On S3H's appeal, the appellate court held the governing statute did not require proof that S3H asked Hyundai to arbitrate (which Hyundai then declined). Rather, S3H was required only to demonstrate that Hyundai refused an obligation to arbitrate, which Hyundai demonstrated by filing the lawsuit despite that obligation.
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