The Burlington Insurance Company v. CHWC, Inc. et al

Filing 41

JUDGMENT 33 , 40 by Judge Manuel L. Real is hereby entered in favor of Plaintiff and Counterdefendant The Burlington Insurance Company and against Defendants and Counterclaimants CHWC, Inc. dba Crazy Horse Restaurant ("Crazy Horse"), Joh n Nuccio and Aurelio Cruz, Jr., as follows: 1. The Assault or Battery exclusion in Burlington policy number 181BW09888 between Burlington and Crazy Horse bars all coverage and all potential coverage for the claims alleged in the lawsuit in the Califo rnia Superior Court for the County of Los Angeles captioned Aurelio Cruz, Jr. v. Crazy Horse Restaurant, et al., Case No. KC054631 (the "Underlying Action"); 2. The Burlington Insurance Company never had any duty to defend Crazy Horse or Jo hn Nuccio in the Underlying Action; 3. The Burlington Insurance Company has no duty to indemnify Crazy Horse or John Nuccio for the judgment in the Underlying Action; 4. The Burlington Insurance Company has no duty to pay Aurelio Cruz, Jr. any portio n of the judgment in the Underlying Action; 5. Defendants and Counterclaimants Crazy Horse, John Nuccio and Aurelio Cruz, Jr. take nothing and their counterclaims are dismissed with prejudice; and 6. Plaintiff to recover its costs of suit. (MD JS-6, Case Terminated). (lom)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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THE BURLINGTON INSURANCE
COMPANY,

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Plaintiff,
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vs.
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CHWC, INC. dba CRAZY HORSE
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RESTAURANT; JOHN NUCCIO;
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and AURELIO CRUZ, JR.,
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Defendants.
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AND RELATED COUNTERCLAIM. )
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No. CV10-8977 R (FFMx)
JUDGMENT

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The Court having entered an Order Granting Summary Judgment in favor of
plaintiff The Burlington Insurance Company on September 12, 2011.
IT IS ORDERED, ADJUDGED AND DECREED that JUDGMENT is

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HEREBY entered in favor of Plaintiff and Counterdefendant The Burlington

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Insurance Company and against Defendants and Counterclaimants CHWC, Inc. dba

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Crazy Horse Restaurant ("Crazy Horse"), John Nuccio and Aurelio Cruz, Jr., as

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follows:

M ORISON H OLDEN
D EREWETZKY &
P ROUGH , LLP

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1.

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The Assault or Battery exclusion in Burlington policy number

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181BW09888 between Burlington and Crazy Horse bars all coverage and all

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potential coverage for the claims alleged in the lawsuit in the California Superior

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Court for the County of Los Angeles captioned Aurelio Cruz, Jr. v. Crazy Horse

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Restaurant, et al., Case No. KC054631 (the "Underlying Action");
2.

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Crazy Horse or John Nuccio in the Underlying Action;
3.

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The Burlington Insurance Company has no duty to indemnify Crazy

Horse or John Nuccio for the judgment in the Underlying Action;
4.

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The Burlington Insurance Company never had any duty to defend

The Burlington Insurance Company has no duty to pay Aurelio Cruz,

Jr. any portion of the judgment in the Underlying Action;
5.

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Defendants and Counterclaimants Crazy Horse, John Nuccio and

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Aurelio Cruz, Jr. take nothing and their counterclaims are dismissed with prejudice;

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and

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6.

Plaintiff to recover its costs of suit.

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Dated: Oct. 13, 2011
_________________________________
Hon. Manuel L. Real
United States District Judge

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M ORISON H OLDEN
D EREWETZKY &
P ROUGH , LLP

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