The Burlington Insurance Company v. DDL Traffic Inc et al

Filing 48

JUDGMENT by Judge R. Gary Klausner. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: Judgment is entered in favor of plaintiff The Burlington Insurance Company and against defendant DDL Traffic, Inc. and Binita Patel. It is hereby declared and adjudged th at: There is and was no coverage for the claims asserted by Patel against DDL Traffic in Patel v. Eichmann, et al., No.CIVDS1504718 in the Superior Court of the state of California for the County of San Bernardino (the "Underlying Action") under any insurance policy issued by Burlington to DDL. (MD JS-6, Case Terminated). (bp)

1 THOMAS HOLDEN (No. 130277)
[e-mail]
2 GREENBERG TRAURIG, LLP
Four Embarcadero Center, Suite 3000
3 San Francisco, CA 94111
Telephone: [phone]
4 Facsimile: [phone]

JS-6

5 Attorneys for Plaintiff
THE BURLINGTON
6 INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 THE BURLINGTON INSURANCE
COMPANY,
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Plaintiff;
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v.
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DDL TRAFFIC, INC. and BINITA
15 PATEL,
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Case No. 5:16-cv-02175-RGK-SP

[PROPOSED] JUDGMENT

Defendants.

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19 IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
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Judgment is entered in favor of plaintiff The Burlington Insurance Company

21 (“Burlington”) and against defendants DDL Traffic, Inc. (“DDL Traffic”) and Binita
22 Patel (“Patel”).
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It is hereby declared and adjudged that:

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1.

There is and was no coverage for the claims asserted by Patel against

25 DDL Traffic in Patel v. Eichmann, et al., No. CIVDS1504718 in the Superior Court of
26 the State of California for the County of San Bernardino (the “Underlying Action”)
27 under any insurance policy issued by Burlington to DDL;
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2.

Burlington had no duty to defend DDL Traffic in the Underlying Action;
-1[PROPOSED] JUDGMENT
Case No. 5:16-cv-02175-RGK-SP

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3.

Burlington has and will have no duty to pay Patel or to indemnify DDL

2 Traffic for any portion of any judgment or settlement arising out of the Underlying
3 Action;
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4.

Each party to bear her or its own costs and attorneys’ fees incurred in this

5 action.
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7 DATED: January 11, 2018

________________________________
R. Gary Klausner
United States District Judge

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[PROPOSED] JUDGMENT
Case No. 5:16-cv-02175-RGK-SP