Donna Wisdom v. Econo-Lube N' Tune Inc et al

Filing 47

JUDGMENT by Judge John Thomas Marten: IT IS HEREBY ORDERED ADJUDGED AND DECREED THAT: Judgment is entered in favor of Defendant Econo Lube N Tune, Inc. and against Plaintiff Donna Wisdom on all causes of action, that Plaintiff Donna Wisdom take nothing by way of her complaint, and that Econo Lube N Tune, Inc. shall be entitled to recover its costs and reasonable attorneys fees. (am)

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6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 v. ECONO LUBE N' TUNE, INC., a Delaware coqoration; and DOES 1 through 10, inclusive, Defendants. The Court, after full consideratioii of the Motion for Summary Judgment filed DONNA WISDOM, individually and as Trustee for the MILTON V. WISDOM TRUST B, dated April 27, 1984, Plaintiff, Case No. ED CV 09-00208-JTM(JCx) The Honorable J. Thomas Marten
XXXX PO XED [PROXXXSXXX] JUDGMENT
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EASTERN DIVISION

21 by Defendant Econo Lube N' Tune, Inc., the Motion for Partial Summary Judgment 22 filed by Plaintiff Donna Wisdom, the papers submitted by the parties in opposition 23 to the above-described motions, the reply papers submitted by the parties, along 24 with all supporting declarations and requests for judicial notice, finds that there is no 25 genuine issue of material fact and that Econo Lube N' Tune, Inc. is entitled to 26 summary judgment as a matter of law on all claims brought by Plaintiff Donna 27 Wisdom. 28
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[PROPOSED] JUDGMENT

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IT IS HEREBY ORDERED ADJUDGED AND DECREED THAT:

2 Judgment is entered in favor of Defendant Econo Lube N' Tune, Inc. and against 3 Plaintiff Donna Wisdom on all causes of action, that Plaintiff Donna Wisdom take 4 nothing by way of her complaint, and that Econo Lube N' Tune, Inc. shall be 5 entitled to recover its costs and reasonable attorneys' fees. 6 7 Dated: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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December 17

s/ J. Thomas Marten

UNITED STATES DISTRICT JUDGE

[PROPOSED] JUDGMENT

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MEMORANDUM RE POST-JUDGMENT INTEREST (Local Rule 58-7; 28 U.S.C. Pursuant to Local Rule 58-7 and 28 U.S.C.

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196 1(a))

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196 1(a), post-judgment interest

4 will accrue on the Judgment at the rate of .29%, which is the weekly average 1-year 5 constant maturity Treasury yield, as published by the Board of Governors of the 6 Federal Reserve System, for the calendar week preceding the lodging of the 7 [Proposed] judgment. See http ://www.utd.uscourts gov/documents/int2o 10 .html.
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8 9 10 Dated: December 15, 2010

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O'NEIL LLP LAWRENCE J. HILTON

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By___________ Lawre*e J. Hilton Attorneys for Defendant ECONO LUBE N' TUNE, INC.

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[PROPOSED] JUDGMENT

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PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF ORANGE

At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Orange, State of California. My business 4 address is 19900 MacArthur Boulevard, Suite 1050, Irvine, California 92612. 3 On December 15, 2010, I served true copies of the following document(s) described as [PROPOSEDI JUDGMENT on the interested parties in this action as 6 follows:
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JAMES D. VAUGHN PHILLIP B. SLOT STWELL, ZEILENGA, RUTH, VAUGHN & TREIGER, LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361

LI BY MAIL: I enclosed the document(s) in a sealed envelope or package 11 addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am 12 readily familiar with O'Neil LLP's practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for 13 collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage frilly prepaid. 14 LI BY FAX TRANSMISSION: I faxed a copy of the document(s) to the 15 persons at the fax numbers listed in the Service List. The telephone number of the sending facsimile machine was [phone]. No error was reported by the fax 16 machine that I used. BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of 17 LI the document(s) to be sent from e-mail address to the persons at the e-mail 18 addresses listed in the Service List. I did not receive within a reasonable time after the transmission, any electronic message or other ind'ication that the transmission 19 was unsuccessful. BY CM/ECF NOTICE OF ELECTRONIC FILING: I caused said 20 II document() to be served by means of this Court's electronic transmission of the 21 Notice of Electronic Filing through the Court's transmission facilities, to the parties and/or counsel who are registered CM/ECF Users set forth in the service list 22 obtained from this Court.

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Executed on December 15, 2010, at Irvine, California.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that I am employed in the office 25 of a member of the bar of this Court at whose direction the service was made. 26
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(NAME OF DECLARANT)

Jenice Thakur

(S iN TURE OF DECLARANT) 1

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PROOF OF SERVICE