Davalan Sales Inc et al v. Tristins Brokerage Co Inc et al

Filing 42

JUDGMENT by Judge Dolly M. Gee: Upon Stipulation 39 , IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiffs are valid trust beneficiaries of Defendant for debts owed to Plaintiffs as follows: (1) To DAVALAN SALES, INC., a California corporatio n, the principal amount of $70,293.30, plus attorney's fees in the amount of $5,846.93 through 1/21/2013, plus finance charges at the rate of 18% per annum, on the principal amount due, in the amount of $15,737.44 through 1/2 1/2013, less credit for money paid from PACA trust funds in the amount of $27,689.08, for a total sum due in the amount of $64,188.59. (2) To DAVALAN SALES, INC., a California corporation also trading as THE BANANA COMPANY, the principal am ount of $25,970.75, plus attorney's fees in the amount of $2,160.22 through 1/21/2013, plus finance charges at the rate of 18% per annum, on the principal amount due, in the amount of $6,295.96 through 1/21/2013, less credit for money paid from PACA trust funds in the amount of $10,395.98, for a total sum due in the amount of $24,030.95. (3) To VAL-PRO, INC. dba VALLEY FRUIT & PRODUCE CO., INC., the principal amount of $129,412.55, plus attorney's fee s in the amount of $10,764.41 through 1/21/2013, plus finance charges at the rate of 18% per annum, on the principal amount due, in the amount of $ $23,708.23 through 1/21/2013, less credit for money paid from PACA trust funds in the amount of $49,140.57, for a total sum due in the amount of $114,744.62. (4) To KERN RIDGE GROWERS, LLC, the principal amount of $4,526.00, plus interest on the principal amount at the legal rate in the amount of $ $1,312. 62 through 1/21/2013, less credit for money paid from PACA trust funds in the amount of $1,576.16, for a total sum due in the amount of $4,262.46. (5) To SCARBOROUGH FARMS, INC., the principal amount of $11,872.35, plus attorney's fees in the amount of $987.53 through 1/21/2013, plus finance charges at the rate of 18% per annum, on the principal amount due, in the amount of $5,653.95 through 1/21/2013, less credit for money paid from PACA trust funds in the amo unt of $5,712.20, for a total sum due in the amount of $12,801.63. (6) To JHP PRODUCE, INC. dba J. HELLMAN PRODUCE, INC., the principal amount of $47,175.50, plus attorney's fees in the amount of $3,924.01 through 1/21/2013, plus interest on the principal amount at the legal rate in the amount of $5,225.96 through 1/21/2013, less credit for money paid from PACA trust funds in the amount of $17,270.74, for a total sum due in the amount of $39,054.73. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Judgment is hereby entered in favor of Plaintiffs and against Defendant TRISTIN'S BROKERAGE CO., INC., a corporation, in the amounts set forth at paragraphs 1 through 6, above, plus additional finance c harges at the rate of 1.5% per month commencing on 1/22/2013 and continuing through the date Judgment is entered, on the above-stated principal amounts due to Plaintiffs DAVALAN SALES, INC., a California corporation; DAVALAN SALES, INC., a Calif ornia corporation also trading as THE BANANA COMPANY; VAL-PRO, INC. dba VALLEY FRUIT & PRODUCE CO., INC.; and SCARBOROUGH FARMS, INC.; plus additional interest at the legal rate of 10% per annum commencing on 1/22/2013 and continuing through the date Judgment is entered on the above-stated principal sums due to Plaintiffs KERN RIDGE GROWERS, LLC and JHP PRODUCE, INC., d/b/a J. HELLMAN PRODUCE, INC. See document for details. (MD JS-6, Case Terminated). (gk)

1

JS-6

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE CENTRAL DISTRICT OF CALIFORNIA

10
11

DAVALAN SALES, INC., a California
corporation; et al,

JUDGMENT [39]

12
13

CASE NO. 2:12-cv-00118-DMG-SS

Plaintiffs,
v.

14
15

TRISTIN’S BROKERAGE CO., INC., a
corporation; et al.,

16
17

Defendants.

18

Having read and considered the Stipulation For entry of judgment entered into by

19

and between Plaintiffs DAVALAN SALES, INC., a California corporation (“DSI”), and

20

DAVALAN SALES, INC., a California corporation also trading as THE BANANA

21
22

COMPANY (“TBC”); and Intervening Plaintiffs, VAL-PRO, INC. dba VALLEY FRUIT

23

& PRODUCE CO., INC. (“VFPC”); KERN RIDGE GROWERS, LLC (“KRG”);

24

SCARBOROUGH FARMS, INC. (“SF”); and JHP PRODUCE, INC. dba J. HELLMAN

25

PRODUCE, INC. (“JHP”) (collectively referred to as “Plaintiffs”), and Defendant

26
27
28

TRISTIN’S BROKERAGE CO., INC., a corporation, ( referred to as “Tristin’s” or
“Defendant”), and good cause appearing therefor,

1

1
2
3

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiffs are
valid trust beneficiaries of Defendant for debts owed to Plaintiffs as follows:
1. To DAVALAN SALES, INC., a California corporation, the principal amount

4
5

of $70,293.30, plus attorney’s fees in the amount of $5,846.93 through January

6

21, 2013, plus finance charges at the rate of 18% per annum, on the principal

7

amount due, in the amount of $15,737.44 through January 21, 2013, less credit

8

for money paid from PACA trust funds in the amount of $27,689.08, for a total

9
10

sum due in the amount of $64,188.59.

11

2. To DAVALAN SALES, INC., a California corporation also trading as THE

12

BANANA COMPANY, the principal amount of $25,970.75, plus attorney’s

13

fees in the amount of $2,160.22 through January 21, 2013, plus finance charges

14
15

at the rate of 18% per annum, on the principal amount due, in the amount of

16

$6,295.96 through January 21, 2013, less credit for money paid from PACA

17

trust funds in the amount of $10,395.98, for a total sum due in the amount of

18

$24,030.95.

19
20

3. To VAL-PRO, INC. dba VALLEY FRUIT & PRODUCE CO., INC., the

21

principal amount of $129,412.55, plus attorney’s fees in the amount of

22

$10,764.41 through January 21, 2013, plus finance charges at the rate of 18%

23

per annum, on the principal amount due, in the amount of $ $23,708.23

24
25

through January 21, 2013, less credit for money paid from PACA trust funds in

26

the amount of $49,140.57, for a total sum due in the amount of $114,744.62.

27

4. To KERN RIDGE GROWERS, LLC, the principal amount of $4,526.00, plus

28

interest on the principal amount at the legal rate in the amount of $ $1,312.62
2

1

through January 21, 2013, less credit for money paid from PACA trust funds in

2

the amount of $1,576.16, for a total sum due in the amount of $4,262.46.

3

5. To SCARBOROUGH FARMS, INC., the principal amount of $11,872.35, plus

4
5

attorney’s fees in the amount of $987.53 through January 21, 2013, plus

6

finance charges at the rate of 18% per annum, on the principal amount due, in

7

the amount of $5,653.95 through January 21, 2013, less credit for money paid

8

from PACA trust funds in the amount of $5,712.20, for a total sum due in the

9
10

amount of $12,801.63.

11

6. To JHP PRODUCE, INC. dba J. HELLMAN PRODUCE, INC., the principal

12

amount of $47,175.50, plus attorney’s fees in the amount of $3,924.01 through

13

January 21, 2013, plus interest on the principal amount at the legal rate in the

14
15

amount of $5,225.96 through January 21, 2013, less credit for money paid

16

from PACA trust funds in the amount of $17,270.74, for a total sum due in the

17

amount of $39,054.73.

18

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that if a dispute

19
20

arises resulting in any or all of the parties incurring attorney’s fees and/or costs in

21

connection in with enforcing this judgment entered hereon, the prevailing party or parties

22

shall be entitled to reimbursement of reasonable attorney’s fees, expenses and costs so

23

incurred only to the extent permitted by statute, from the non-prevailing party or parties.

24
25
26
27
28

This does not include attorney’s fees which are incurred by the judgment creditor simply
to collect the amount due under the terms of this judgment;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Judgment is
hereby entered in favor of Plaintiffs and against Defendant TRISTIN’S BROKERAGE
3

1

CO., INC., a corporation, in the amounts set forth at paragraphs 1 through 6, above, plus

2

additional finance charges at the rate of 1.5% per month commencing on January 22, 2013

3

and continuing through the date Judgment is entered, on the above-stated principal amounts

4
5

due to Plaintiffs DAVALAN SALES, INC., a California corporation; DAVALAN

6

SALES, INC., a California corporation also trading as THE BANANA COMPANY;

7

VAL-PRO, INC. dba VALLEY FRUIT & PRODUCE CO., INC.; and SCARBOROUGH

8

FARMS, INC.;, plus additional interest at the legal rate of 10% per annum commencing on

9
10

January 22, 2013 and continuing through the date Judgment is entered on the above-stated

11

principal sums due to Plaintiffs KERN RIDGE GROWERS, LLC and JHP PRODUCE,

12

INC., d/b/a J. HELLMAN PRODUCE, INC.

13

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all Plaintiffs

14
15
16
17
18

shall be entitled to post-judgment interest at the rate of 10% per annum on all principal sums
due hereunder until fully paid.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any
application to prove the amount of additional interest, attorneys’ fees, or costs due in

19
20

connection with the enforcement of this Judgment shall be made by Plaintiffs on noticed

21

motion in writing, to Defendant TRISTIN’S BROKERAGE CO., INC. to be served on

22

Defendant’s attorney, Steve Kerekes, by facsimile number [phone] and overnight

23

mail to Defendant’s attorney, Steve Kerekes, at 117 E Colorado Blvd., Ste. 460, Pasadena,

24
25

CA 91105.

26

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Cathay

27

Bank, and any other banking institution which is or is hereafter discovered to be holding

28

funds for or for the benefit of Tristin’s shall immediately turn over all such funds to
4

1

Plaintiffs by cashier’s check made payable to “Rynn & Janowsky, LLP Client Trust

2

Account” and delivered to Plaintiff’s counsel, R. Jason Read, at Rynn & Janowsky, LLP,

3

4100 Newport Place Drive, Suite 700, Newport Beach, CA 92660. Upon receipt of any

4
5

such funds, Plaintiffs’ counsel shall promptly remit to each Plaintiff that Plaintiff’s pro-

6

rata share of any such funds received and shall thereafter file a Partial Satisfaction of

7

Judgment reflecting receipt of such funds.

8

IT IS FURTHER ORDERED AND DECREED that any and all restraining orders

9
10

and injunctions entered in this case shall be automatically dissolved and terminated

11

without need for further Court order upon entry of the judgment contemplated herein or

12

upon receipt by Plaintiff’s counsel of any funds presently being held by Cathay Bank or

13

any other banking institution as set forth above, whichever occurs later.

14
15

IT IS SO ORDERED.

16
17
18

DATED: February 13, 2013
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

19
20
21
22
23
24
25
26
27
28
5