Scottsdale Insurance Company v. Alfredo Ramirez et al

Filing 43

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA LLP 13 14 15 16 Case No. 2:17-cv-02855-JFW (FFMx) SCOTTSDALE INSURANCE COMPANY, 12 ATTORNEYS AT LAW 11 Selman Breitman 10 ENTRY OF JUDGMENT AGAINST ALFREDO RAMIREZ DBA RAMIREZ LABOR MANAGEMENT Plaintiff, v. ALFREDO RAMIREZ DBA RAMIREZ LABOR MANAGEMENT and MGR DESIGN INTERNATIONAL, INC. , Judge : Courtroom : Hon. John F. Walter 7A Defendants. 17 18 After consideration of Scottsdale Insurance Company’s (“Scottsdale”) Motion 19 for Entry of Default Judgment Against Alfredo Ramirez dba Ramirez Labor 20 Management (“Ramirez”) and evidence in support thereof and the lack of opposition 21 to the Motion by Ramirez, this Court orders entry of default judgment in favor of 22 Scottsdale and against defendant Ramirez. This Court also orders the entry of a 23 judgment of $484.75 in favor of Scottsdale and against Ramirez representing 24 recoverable cost of suit. 25 With respect to the first cause of action for rescission, the Court rules and 26 judges that the Commercial General Liability Insurance Policy No. CPS1734059, 27 effective May 23, 2013, to May 23, 2014, issued by Scottsdale to “Ramirez Labor 28 Management” (the “Scottsdale Policy”) is rescinded and, is thus void ab initio as if 1 2:17-cv-02855-JFW (FFMx) 759056.2 380.41877 1 it never existed. Because the Scottsdale Policy is rescinded, Scottsdale is ordered to 2 return any premium received from Ramirez as consideration for issuing the 3 Scottsdale Policy. Scottsdale may deduct the $475.75 judgment obtained in this 4 lawsuit from its return of premium and also does not have to pay interest to Ramirez 5 because rescission is based on Ramirez’s material misrepresentations to Scottsdale. 6 With respect the second cause of action for declaratory relief, the Court rules 7 and declares that Scottsdale is not obligated to defend or indemnify any insured in 8 an underlying lawsuit titled Olga Banuelos v. MGR Design International, pending in 9 the Superior Court of the State of California, County of Ventura, Case No. 56-2015- 10 IT IS SO ORDERED. 12 ATTORNEYS AT LAW Selman Breitman LLP 11 00474658-CU-PO-VTA. 13 DATED: September 25, 2017 _____________________________ HON. JOHN F. WALTER 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 759056.2 380.41877 2 2:17-cv-02855-JFW (FFMx)

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