Axis Insurance Company v. Inter/Media Time Buying Corporation et al

Filing 51

JUDGMENT 50 by Judge Dolly M. Gee : AXIS has no duty to defend or indemnify any of the defendants against the cross-complaint filed in Los Angeles County Superior Court Case No. BC495560, captioned Inter/Media Time Buying Corporation, et al. v. Bio tab Nutraceuticals, Inc., et al. (Cross-Complaint) and AXIS is entitled to judgment on the Complaints first claim for relief;2. The parties have stipulated to the fact that AXIS has paid nothing to or onbehalf of any of the Inter/Media individuals or entities. Therefore, thesecond claim for relief in the Complaint for reimbursement is moot; and3. AXIS is entitled to costs of suit.(MD JS-6, Case Terminated). (lc)

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1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ) Case No.: CV 15-1380-DMG (AJWx) ) ) Plaintiff, ) JUDGMENT [50] ) vs. ) ) ) INTER/MEDIA TIME BUYING ) CORPORATION, a California corporation; INTERQUANTUM LLC, ) a California limited liability company; ) ) BELLATRIX MEDIA, INC., a California corporation; INTER/IMAGE ) ) PRODUCTIONS, INC., a California ) corporation; INTER/POST ) PRODUCTIONS, INC., a California ) corporation; INTER/MEDIA ) INTERACTIVE, INC., a California ) corporation; MEDIAPOINT NETWORK, INC., a California ) corporation; INTER/MEDIA ) ADVERTISING, INC., a California ) Corporation; and ROBERT YALLEN, ) an individual, ) ) Defendants. ) AXIS INSURANCE COMPANY, 25 26 27 28 JUDGMENT Page 1 1 Based on the Court’s order entered on June 8, 2015 denying defendants’ 2 (collectively “Inter/Media”) motion for summary judgment and sua sponte 3 granting partial summary judgment in favor of plaintiff AXIS Insurance 4 Company (AXIS”) on the issue of its duty to defend, the Court enters judgment 5 in the above-entitled matter as follows: 6 1. AXIS has no duty to defend or indemnify any of the defendants against the 7 cross-complaint filed in Los Angeles County Superior Court Case No. 8 BC495560, captioned Inter/Media Time Buying Corporation, et al. v. 9 Biotab Nutraceuticals, Inc., et al. (“Cross-Complaint”) and AXIS is 10 entitled to judgment on the Complaint’s first claim for relief; 11 2. The parties have stipulated to the fact that AXIS has paid nothing to or on 12 behalf of any of the Inter/Media individuals or entities. Therefore, the 13 second claim for relief in the Complaint for reimbursement is moot; and 14 3. AXIS is entitled to costs of suit. 15 16 17 18 DATED: June 30, 2015 _______________________________ DOLLY M. GEE UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 JUDGMENT Page 2

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