Security National Insurance Company v. City of Montebello

Filing 79

FINAL JUDGMENT by Magistrate Judge Suzanne H. Segal, Related to: Stipulation for Judgment, 78 . It is ORDERED, ADJUDGED AND DECREED that judgment shall be entered in favor and against Security National and in favor of and against Montebello. (See document for further details). (MD JS-6, Case Terminated). (mr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SECURITY NATIONAL INSURANCE Case No. CV-14-5374-SS
COMPANY, a Texas corporation,
Plaintiff,

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[Assigned for all purposes to the
Magistrate Judge Suzanne H. Segal,
Courtroom 23]

vs.
CITY OF MONTEBELLO, a California
municipal entity,

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FINAL JUDGMENT

Defendant

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AND RELATED COUNTERCLAIM.

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On March 31, 2015, the parties filed cross-motions for summary judgment,

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or in the alternative, partial summary judgment. After fully considering all papers

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on file herein, including the papers filed by the parties in support of and in

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opposition to said motions, and oral argument by the counsel for the parties and

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having been fully advised as to all relevant facts, arguments and contentions, on

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May 29, 2015, the Honorable Suzanne H. Segal, United States District Court

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Magistrate Judge, entered an Order (1) Granting In Part, and Denying In Part,

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Security National’s Motion for Summary Judgment or in the Alternative, Partial
{00110134.DOCX 1}

[PROPOSED] FINAL JUDGMENT

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Summary Judgment; and (2) Denying City of Montebello’s Motion for Summary

2 Judgment or in the Alternative, Partial Summary Judgment (the “Order”; Docket
3 no. 75).
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The parties stipulated that the Order effectively resolved all of the pleaded

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claims for relief and causes of action and jointly requested entry of a final,

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appealable judgment. A copy of the parties’ stipulation for entry of final judgment

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is attached hereto as Exhibit “A” and incorporated by this reference.

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Based thereon, it is ORDERED, ADJUDGED AND DECREED that

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judgment shall be entered in favor and against Security National and in favor of

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and against Montebello, as follows:

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1.

Judgment shall be and hereby is entered in favor of Montebello as to

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the single claim for relief set forth in Security National’s Complaint

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for declaratory relief;

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2.

Judgment shall be and hereby is entered in favor of Security National

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as to Montebello’s claims for relief for breach of contract and tortious

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breach of the implied covenant of good faith and fair dealing set forth

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in Montebello’s Counterclaim;

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3.

Judgment shall be and hereby is entered in favor of Montebello as to
its claim for relief for declaratory relief in the Counterclaim;

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4.

Each party is to bear its own costs of suit and attorneys’ fees incurred
herein.

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{00110134.DOCX 1}

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[PROPOSED] FINAL JUDGMENT

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5.

There being no just reason to delay the entry of this judgment, this

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judgment is final and the Clerk is directed to enter this final judgment

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forthwith pursuant to Fed. R. Civ. P. 58.

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DATED: 7/22/15

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____________/S/_____________
Honorable Suzanne H. Segal
United States District Magistrate
Judge

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{00110134.DOCX 1}

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[PROPOSED] FINAL JUDGMENT