Jeff Tracy, Inc., et al v. Scottsdale Insurance Company, et al

Filing 114

JUDGMENT by Judge David O. Carter, 113 in favor of Scottsdale Insurance Company against Jeff Tracy, Inc., Jeff Tracy (MD JS-6, Case Terminated). (mt)

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NOTE: CHANGES HAVE BEEN
MADE TO THIS DOCUMENT

MEKA MOORE (SBN 180017)
[e-mail]
ELISABETH M. D'AGOSTINO (SBN 251179)
[e-mail]
TIMOTHY J. MCFEELY (SBN 293864)
[e-mail]
SELMAN BREITMAN LLP
11766 Wilshire Blvd., Sixth Floor
Los Angeles, CA 90025-6538
Telephone: [phone]
Facsimile: 310.473.2525

JS-6

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Attorneys for Defendants SCOTTSDALE INSURANCE
COMPANY

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UNITED STATES DISTRICT COURT

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ATTORNEYS AT LAW

Selman Breitman

LLP

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CENTRAL DISTRICT OF CALIFORNIA

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JEFF TRACY, INC. dba LAND
FORMS LANDSCAPING
CONSTRUCTION and JEFF TRACY,
an individual,
Plaintiffs,

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v.
SCOTTSDALE INSURANCE
COMPANY; and DOES 1 through 100,
Inclusive,

Case No. 8:14-cv-01532-DOC-AJW
JUDGMENT [113]
Date:
Time:
Judge:
Dept.:

November 30, 2015
8:30 a.m.
Hon. David O. Carter
9-D

Trial Date: February 23, 2016

Defendants.

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This action came on for hearing before the Court on November 30, 2015, Hon.

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David O. Carter, Judge Presiding on the Motion for Summary Judgment or, in the

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alternative, Partial Summary Judgment in favor of Scottsdale Insurance Company.

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The evidence presented having been fully considered, the issues having been duly

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heard and a decision having been duly rendered,

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IT IS ORDERED, ADJUDGED AND DECREED THAT DEFENDANT

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JUDGMENT
8:14-cv-01532-DOC-AJW

671154.1 380.37029

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SCOTTSDALE INSURANCE COMPANY have judgment as follows:
1.

On the Supplemental Complaint of Jeff Tracy, Inc. dba Land Forms

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Landscaping Construction and Jeff Tracy (collectively, "Land Forms"), Scottsdale

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Insurance Company is granted summary judgment in its entirety, with judgment

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entered in Scottsdale's favor and against Land Forms;

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2.

Scottsdale never had a duty to defend or indemnify Land Forms with

Angeles County Superior Court Case No. VC063151, as more fully set forth in the

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Court's Order Re: Cross Motions For Summary Judgment And Defendant's Motion

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ATTORNEYS AT LAW

Selman Breitman

respect to the underlying lawsuit styled, Jeff Tracy, Inc. v. City of Pico Rivera, Los

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LLP

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for Sanctions attached hereto as Exhibit 1;
3.

Plaintiffs Jeff Tracy, Inc. dba Land Forms Landscaping Construction and

Jeff Tracy shall take nothing by way of their complaint;
4.

Scottsdale is the prevailing party with respect to this matter and,

therefore, is entitled to recover its costs of suit in the sum of $_________________;
4.

This Court shall retain jurisdiction of this matter for the purposes of

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enforcing the below outstanding sanctions awarded to Scottsdale and against Land

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Forms which have not been paid:

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a) $2,772.80 awarded pursuant to Docket No. 107.

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b) $4,370.00 awarded pursuant to Docket No. 109.

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c) $3,000.00 awarded pursuant to Docket No. 111.

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Dated: December 17, 2015
Hon. David O. Carter
United States District Court Judge

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8:14-cv-01532-DOC-AJW
671154.1 380.37029