Bard Water Dist. v. Granite Construction CA4/1

background facts based on the complaint's factual allegations and documents properly subject to judicial notice. (See Sprinkles v. Associated Indemnity Corp. (2010) 188 Cal.App.4th 69, 74.) 2 approve the terms of the above, Mr. Baumgarten and AAA will retain jurisdiction of the

arbitration. Absent confirmation of the board, the stipulation will become null & void."

Two months later, on December 9, 2009, arbitrator Baumgarten issued a "Consent

Award" consistent with the terms of the conditional settlement. The Consent Award

included the amounts the District agreed to pay and stated these amounts shall be paid by

December 21, 2009. The Consent Award further stated:

"On or before [noon on December 1, 2009] . . . or as soon thereafter as is reasonable under the circumstances and timing of the [District's] Board approval action, all parties and counsel shall have executed a formal settlement agreement which will include, among other items, a full project release and waiver of Civil Code § 1542. Said settlement agreement shall be prepared by [Granite's attorney], and all reasonable efforts shall be expended by [the District's attorney] to timely review and…