Security Service Federal Credit Union v. First American Title Company et al

Filing 95

JUDGMENT by Judge S. James Otero, in favor of defendant First American Title Insurance Company against plaintiff Security Service Federal Credit Union (MD JS-6, Case Terminated). (lc)

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Ryan C. Squire, SBN 199473
[e-mail]
Zi C. Lin, SBN 236989
[e-mail]
GARRETT & TULLY, P.C.
225 S. Lake Avenue, Suite 1400
Pasadena, CA 91101-4869
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
First American Title Insurance Company

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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A PROFESSIONAL CORPORATION

G ARRETT & T ULLY

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SECURITY SERVICE FEDERAL
CREDIT UNION,
Plaintiff,

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CASE NO. CV10-04824 SJO (VBKX)
(Hon. S. James Otero)
JUDGMENT ON FIRST
AMERICAN’S MOTION FOR
SUMMARY JUDGMENT OR
PARTIAL SUMMARY JUDGMENT

vs.
FIRST AMERICAN TITLE
COMPANY, a California Corporation;
RINDLESBACH FAMILY, LLC, a Utah
Limited Liability Company,

[Filed Concurrently with Notice of
Motion and Motion for Summary
Judgment; Memorandum of Points and
Authorities; Request for Judicial Notice;
Declarations in support of MSJ;
Statement of Uncontroverted Facts and
Conclusions of Law; Table of Exhibits]

Defendants.

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Date: November 7, 2011
Time: 10:00 a.m.
Place: Courtroom 1

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Action Filed: June 29, 2010
Trial Date: February 7, 2011

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86727.wpd
91498-299

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Case No.CV10-04824 SJO (VBKX)
PROPOSED JUDGMENT

PROPOSED JUDGMENT

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After consideration of the papers in support of and in opposition to defendant First

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American Title Insurance Company’s motion for summary judgment or partial

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summary judgment, this court orders summary judgment in favor of defendant First

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American Title Insurance Company as follows:

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A PROFESSIONAL CORPORATION

G ARRETT & T ULLY

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1. Count 1 of the second amended complaint for “breach of contract” fails
as a matter of law.
2. Count 2 of the second amended complaint for “declaratory relief” fails as
a matter of law.
3. Count 3 of the second amended complaint for “breach of covenant of
good faith and fair dealing” fails as a matter of law.
4. Count 4 of the second amended complaint for “fraudulent concealment –
suppression of fact” fails as a matter of law.
5. Count 5 of the second amended complaint for “intentional
misrepresentation” fails as a matter of law.
6. Count 6 of the second amended complaint for “negligent
misrepresentation” fails as a matter of law.
7. Count 7 of the second amended complaint for “fraudulent inducement”
fails as a matter of law.

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8. Plaintiff’s claim for punitive damages fails as a matter of law.

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9. Defendant First American Title Insurance Company is awarded its costs

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of suit incurred in defense of this action.
10. Judgment is entered in favor of defendant First American Title Insurance

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Company.

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DATED: 1/27/12

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86727.wpd
91498-299

HON. S. JAMES OTERO
United States District Judge
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Case No.CV10-04824 SJO (VBKX)
PROPOSED JUDGMENT

CERTIFICATE OF SERVICE

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I hereby certify that on October 4, 2011, I electronically filed the foregoing with

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the Clerk of the Court using the CM/ECF system which will send notification of such

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filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I

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hereby certify that I have mailed the foregoing document or paper via the United States

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Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice

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List.

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I certify under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct. Executed on October 4, 2011.

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/s/ Melissa M. Vasquez
Melissa M. Vasquez
Garrett & Tully, APC
225 So. Lake Avenue, Suite 1400
Pasadena, CA 91101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

A PROFESSIONAL CORPORATION

G ARRETT & T ULLY

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86727.wpd
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Case No.CV10-04824 SJO (VBKX)
PROPOSED JUDGMENT

MANUAL NOTICE LIST

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Mark L. Rindlesbach
Rindlesbach Family LLC
2489 East Haven Lane
Holladay, UT 84117

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A PROFESSIONAL CORPORATION

G ARRETT & T ULLY

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Case No.CV10-04824 SJO (VBKX)
PROPOSED JUDGMENT