Travelers Property Casualty Company of America v. Taisei Construction Corporation

Filing 81

JUDGMENT by Judge Manuel L. Real: IT IS HEREBY ORDERED, ADJUDGED and DECREED that judgment be entered in favor of plaintiff Travelers Property Casualty Company of America ("Travelers") and against defendant Taisei Construction Corporation ( "Taisei"). Counter-Claimant Taisei shall have no recovery against Travelers. Travelers had the right to control the defense of Taisei in the underlying action of Wilshire Vermont Housing Partners, LP v. Taisei Construction Corp. et al., fil ed in the Superior Court of California for the County of Los Angeles, Case No. BC504178 ("Underlying Action"). Taisei at no point had a right to independent counsel funded by Travelers for the defense of Taisei in the Underlying Action. Tai sei breached its duty to cooperate with Travelers by demanding that the firm of Lee, Hernandez, Landrum, Garofalo & Blake withdraw as Taisei's counsel in the Underlying Action. Travelers is not obligated to pay for fees and costs incurred throug h any other counsel after Travelers' appointment of the firm of Lee, Hernandez, Landrum, Garofalo & Blake to defend Taisei in the Underlying Action. Travelers shall have and recover the sum of $120,364.59 from Taisei as Travelers' damages pursuant to Travelers' claims for equitable reimbursement and breach of contract, together with interest thereon at the legal rate from the date of entry of this judgment. Each party is to bear its own costs in this action. (gk)

1
2
3
4
5
6
7

THE AGUILERA LAW GROUP, APLC
A. Eric Aguilera, Esq. (SBN 192390)
Raymond E. Brown, Esq. (SBN164819)
Aaron M. Daniels (SBN 279681)
650 Town Center Drive, Suite 100
Costa Mesa, CA 92626
T: 714-384-6600 / F: 714-384-6601
[e-mail]
[e-mail]
[e-mail]

8
9
10
11

Attorneys for Plaintiff/Counter-Defendant TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

12
13

23

TRAVELERS PROPERTY CASUALTY ) Case No. 2:15-cv-05677-R-PJW
)
COMPANY OF AMERICA, a
) JUDGMENT
Connecticut corporation;
)
)
Plaintiff,
)
)
v.
)
)
TAISEI CONSTRUCTION
)
CORPORATION, a Delaware
)
corporation; and DOES 1 through 100
)
inclusive,
) Date Action Filed: July 27, 2015
) Trial Date: May 16, 2017
Defendants.
)

24

TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

25

It appearing from the files and records in this action that:

26

1.

14
15
16
17
18
19
20
21
22

27

On December 14, 2015, the Court granted the motion to dismiss filed by

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA (“Travelers”)

28

16.0205 3132840.1

1
CASE NO.: 2:15-cv-05677-R-PJW
JUDGMENT

1

as to the First Amended Counter Claim filed by TAISEI CONSTRUCTION

2

CORPORATION (“Taisei”);

3

2.

On November 22, 2016, the Court granted Travelers’ Motion for Partial

4

Summary Judgment adjudicating Travelers’ claims for declaratory relief in favor of

5

Travelers and establishing Taisei’s liability as to Travelers’ claims for breach of

6

contract and equitable reimbursement; and

7

3.

On May 15, 2017, with Taisei expressly reserving its right to appeal the

8

substantive elements of the Court’s November 22, 2016 Order granting partial

9

summary judgment, Travelers and Taisei filed a stipulation that Travelers’ total

10

damages pursuant to its claims for breach of contract and equitable reimbursement

11

amounting to the total sum of $120,364.59;

12

Now, therefore, IT IS HEREBY ORDERED, ADJUDGED and DECREED

13

that judgment be entered in favor of plaintiff TRAVELERS PROPERTY

14

CASUALTY COMPANY OF AMERICA (“Travelers”) and against defendant

15

TAISEI CONSTRUCTION CORPORATION (“Taisei”) as follows:

16

1.

Counter-Claimant Taisei shall have no recovery against Travelers;

17

2.

Travelers had the right to control the defense of Taisei in the underlying

18

action of Wilshire Vermont Housing Partners, LP v. Taisei Construction Corp. et al.,

19

filed in the Superior Court of California for the County of Los Angeles, Case No.

20

BC504178;

21

2.

Taisei at no point had a right to independent counsel funded by

22

Travelers for the defense of Taisei in the underlying action of Wilshire Vermont

23

Housing Partners, LP v. Taisei Construction Corp. et al., Los Angeles Superior Court

24

case No. BC504178;

25

3.

Taisei breached its duty to cooperate with Travelers by demanding that

26

the firm of Lee, Hernandez, Landrum, Garofalo & Blake withdraw as Taisei’s

27

counsel in the underlying action of Wilshire Vermont Housing Partners, LP v. Taisei

28

Construction Corp. et al., Los Angeles Superior Court case No. BC504178;

16.0205 3132840.1

2
CASE NO.: 2:15-cv-05677-R-PJW
JUDGMENT

1

4.

Travelers is not obligated to pay for fees and costs incurred through any

2

other counsel after Travelers’ appointment of the firm of Lee, Hernandez, Landrum,

3

Garofalo & Blake to defend Taisei in the underlying action of Wilshire Vermont

4

Housing Partners, LP v. Taisei Construction Corp. et al., Los Angeles Superior Court

5

case No. BC504178;

6

5.

Travelers shall have and recover the sum of $120,364.59 from Taisei as

7

Travelers’ damages pursuant to Travelers’ claims for equitable reimbursement and

8

breach of contract, together with interest thereon at the legal rate from the date of

9

entry of this judgment; and

10

6.

Each party is to bear its own costs in this action.

11
12

IT IS SO ORDERED, ADJUDGED AND DECREED.

13
14
15

Dated: May 23, 2017

16

____________________________
Hon. Manuel L. Real,
Judge of the U.S. District Court

17
18
19
20
21
22
23
24
25
26
27
28

16.0205 3132840.1

3
CASE NO.: 2:15-cv-05677-R-PJW
JUDGMENT