Dennis Rutherford v. Palo Verde Health Care District et al

Filing 526

JUDGMENT by Judge John A. Kronstadt. IT IS THEREBY ORDERED, ADJUDGED AND DECREED THAT: As to the second claim for relief by Plaintiff Peter Kune ("Klune") for breach of contract, JUDGMENT is entered in favor of Klune and against Defendant P alo Verde Health Care District in the amount of $440,648, plus prejudgment interest in the amount of $124,104.16. As to all other claims for relief brought by Klune, he shall take nothing, and judgment is entered in favor of Defendants Palo Verde Healthcare District, Trina Sartin, Sandra Hudson and Samuel Burton. As to all claims by Plaintiffs Dennis Rutherford ("Rutherford") and Tara Barth ("Barth"), each shall take nothing and judgment is entered in favor of Defen dants Palo Verde Healthcare District, Trina Sartin, Sandra Hudson and Samuel Burton. The Court having previously awarded interim attorney's fees to Defendants pursuant to the California anti-SLAAP statute, it is further ordered that Defendant Pa ol Verde Health Care District is entitled to recover $10,990.31 in attorney's fees from Klune, $10,055.16 in attorney's fees from Rutherford, and $8,594.53 in attorney's fees from Barth. (MD JS-6, Case Terminated). (bp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – RIVERSIDE

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DENNIS RUTHERFORD, and
individual; PETER KLUNE, an
individual; and TARA BARTH, an
individual,

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Plaintiff,
vs.

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PALO VERDE HEALTH CARE
DISTRICT, a public entity; TRINA
SARTIN, an individual; SANDRA
HUDSON, an individual; SAMUEL
BURTON, an individual; and DOES
1-50, inclusive,

Case No. EDCV13-01247 JAK (SPx)
Consolidated Cases:
EDCV13-01249 JAK (SPx)
EDCV13-01250 JAK (SPx)
JUDGMENT JS-6
Trial: April 21-29, 2015
Hon. John A. Kronstadt

Defendants.

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JUDGMENT
CASE NO. EDCV13-01247 JAK (SPx)

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Pursuant to Rules 54(a) and 58(b)(2)(B) of the Federal Rules of Civil

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Procedure, following the pretrial and court trial proceedings in this matter, IT IS

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THEREBY ORDERED, ADJUDGED AND DECREED THAT:
As to the second claim for relief by Plaintiff Peter Klune (“Klune”) for breach

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of contract, JUDGMENT is entered in favor of Klune and against Defendant Palo

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Verde Health Care District in the amount of $440,648, plus prejudgment interest in

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the amount of $124,104.16. As to all other claims for relief brought by Klune, he

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shall take nothing, and judgment is entered in favor of Defendants Palo Verde

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Healthcare District, Trina Sartin, Sandra Hudson and Samuel Burton.
As to all claims by Plaintiffs Dennis Rutherford (“Rutherford”) and Tara Barth

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(“Barth”), each shall take nothing and judgment is entered in favor of Defendants

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Palo Verde Healthcare District, Trina Sartin, Sandra Hudson and Samuel Burton.
The Court having previously awarded interim attorney’s fees to Defendants

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pursuant to the California anti-SLAPP statute, it is further ordered that Defendant

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Palo Verde Health Care District is entitled to recover $10,990.31in attorney’s fees

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from Klune, $10,055.16 in attorney’s fees from Rutherford, and $8,594.53 in

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attorney’s fees from Barth. Defendants are also awarded interest on each of these

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amounts at the legal rate commencing June 12, 2014, which is the date of each

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award. That interest will continue to accrue as to each award until it is satisfied. Each

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plaintiff is liable only for the amount of the award against him or her together with

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the associated interest on such award.
Defendants are the prevailing party for the purpose of recovery of allowed

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costs as set forth in Local Civil Rule 54 as to Plaintiffs Rutherford and Barth. As to

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JUDGMENT
CASE NO. EDCV13-01247 JAK (SPx)

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Defendants and Klune, because neither is the prevailing party, each shall be

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responsible for their own costs.

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IT IS SO ORDERED.

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Dated: November 16, 2015

By:

Hon. John A. Kronstadt
United States District Judge

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JUDGMENT
CASE NO. EDCV13-01247 JAK (SPx)