Scottsdale Insurance Company v. Alfredo Ramirez et al
ENTRY OF JUDGMENT by Judge John F. Walter, this Court orders entry of default judgment in favor of Scottsdale and against defendant Ramirez. This Court also orders the entry of a judgment of $484.75 in favor of Scottsdale and against Ramirez representing recoverable cost of suit. (SEE ATTACHMENT OF THIS JUDGMENT FOR FURTHER DETAILS). (jp)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No. 2:17-cv-02855-JFW (FFMx)
ATTORNEYS AT LAW
ENTRY OF JUDGMENT AGAINST
ALFREDO RAMIREZ DBA
ALFREDO RAMIREZ DBA RAMIREZ
LABOR MANAGEMENT and MGR
DESIGN INTERNATIONAL, INC. ,
Hon. John F. Walter
After consideration of Scottsdale Insurance Company’s (“Scottsdale”) Motion
for Entry of Default Judgment Against Alfredo Ramirez dba Ramirez Labor
Management (“Ramirez”) and evidence in support thereof and the lack of opposition
to the Motion by Ramirez, this Court orders entry of default judgment in favor of
Scottsdale and against defendant Ramirez. This Court also orders the entry of a
judgment of $484.75 in favor of Scottsdale and against Ramirez representing
recoverable cost of suit.
With respect to the first cause of action for rescission, the Court rules and
judges that the Commercial General Liability Insurance Policy No. CPS1734059,
effective May 23, 2013, to May 23, 2014, issued by Scottsdale to “Ramirez Labor
Management” (the “Scottsdale Policy”) is rescinded and, is thus void ab initio as if
it never existed. Because the Scottsdale Policy is rescinded, Scottsdale is ordered to
return any premium received from Ramirez as consideration for issuing the
Scottsdale Policy. Scottsdale may deduct the $475.75 judgment obtained in this
lawsuit from its return of premium and also does not have to pay interest to Ramirez
because rescission is based on Ramirez’s material misrepresentations to Scottsdale.
With respect the second cause of action for declaratory relief, the Court rules
and declares that Scottsdale is not obligated to defend or indemnify any insured in
an underlying lawsuit titled Olga Banuelos v. MGR Design International, pending in
the Superior Court of the State of California, County of Ventura, Case No. 56-2015-
IT IS SO ORDERED.
ATTORNEYS AT LAW
DATED: September 25, 2017
HON. JOHN F. WALTER
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