Gateway Structures, Inc. v. Carpenters' 46 Northern California Counties Conference Board

ORDER GRANTING PARTIAL SUMMARY JUDGMENT

INTRODUCTION

Plaintiffs Gateway Structures (Gateway), North American Investors (NAI), and John Langford have petitioned this court to vacate a $165,786.09 arbitration award entered jointly against them in favor of the defendant Carpenters’ Unions. The Unions have cross-petitioned for enforcement against the three original plaintiffs. The Unions have also cross-petitioned against three shareholders of Gateway who were not named in the arbitration award: David Dyck, Larry Moore, and John Hempel. The plaintiffs now move to dismiss the petition for enforcement as against these three individuals. The Unions respond with a motion for summary judgment against Gateway, the three Gateway shareholders listed above, and John Langford in his capacity as a Gateway shareholder. The Unions have also moved to dismiss Gateway’s related declaratory judgment action (C-83-3352), claiming that this court lacks subject matter jurisdiction.

BACKGROUND

The underlying labor dispute between the parties arose during the construction of a Fresno shopping center in 1981-82. Plaintiff North American Investors (NAI) served as general contractor for the overall…