Dennis Rutherford v. Palo Verde Health Care District et al

Filing 587

AMENDED JUDGMENT 526 by Judge John A. Kronstadt. See judgment for specifics. (ah)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – RIVERSIDE

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

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Plaintiffs,

Case No. EDCV13-01247 JAK (SPx)
[Consolidated with Case Nos.
EDCV13-01249 JAK (SPx) and
EDCV13-01250 JAK (SPx)]
AMENDED JUDGMENT

vs.

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

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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, and to

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proceed as to matters in aid of the pending appeals by providing a single judgment

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that addresses all matters that have been adjudicated,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

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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.

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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.

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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 $10,990.31 in attorney’s fees

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from Klune, $10,055.16 in attorney’s fees from Rutherford, and $8594.53 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 award.

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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 the

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associated interest on such award.

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The Court having decided the motions of Klune and Defendants for attorney’s

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fees following entry of Judgment on November 16, 2015 (Dkt. 576), it is further

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ordered that Klune is entitled to recover $31,025 in fees against Defendant Palo Verde

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Health Care District under Cal. Civ. Code Cal. § 1717, Palo Verde Health Care

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District is entitled to recover $19,981 in fees against Rutherford and Barth pursuant to
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Cal. Civ. Code Cal. § 1717, and Defendants are entitled to recover $3750 in fees

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against Barth, Rutherford and Klune pursuant to 42 U.S.C. § 1988. Defendants are

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the prevailing party for the purpose of recovery of allowed costs as set forth in Local

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Civil Rule 54 as to Plaintiffs Rutherford and Barth. The Court, having decided

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Rutherford and Barth’s motion to retax costs awarded by the Clerk following entry of

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Judgment, it is ordered that Rutherford and Barth are jointly and severally liable for

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$48,243.65 in costs and that Rutherford is solely liable for $3450.22 in costs.

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As to Defendants and Klune, because neither is the prevailing party, each shall
be responsible for the costs each incurred.
IT IS SO ORDERED.

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Dated: November 28, 2016

By:

Hon. John A. Kronstadt
United States District Judge

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