Employers Mutual Casualty Company v. HT3 Construction Company, Inc. et al

Filing 45

JUDGMENT by Judge Cormac J. Carney, in favor of Employers Mutual Casualty Company against HT3 Construction Company, Inc. Related to: Stipulation for Judgment, #44 . (see document for details). (dro)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION

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Case No. 8:15-CV-02103-CJC

Employers Mutual Casualty Company,
Plaintiff,

DECLARATORY JUDGMENT
AGAINST HT3
CONSTRUCTION COMPANY,
INC.

vs.

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HT3 Construction Company, Inc.;
Tiffany Construction Company;
T & S Materials, L.L.C.; Terra Lago
Community Association; Indio Land
Ventures, LLC; CWC, Inc. dba SunCal
Companies,
Defendants.

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The Court has reviewed the Stipulation for Entry of Declaratory Judgment

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(“Stipulation”) against HT3 Construction Company, Inc. (“HT3”), Indio Land

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Ventures, LLC (“Indio”), and CWC, Inc. dba SunCal Companies (“CWC”), which
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EMPLOYERS MUTUAL CASUALTY COMPANY VS. TIFFANY CONSTRUCTION COMPANY, INC., ET AL.

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was filed by Plaintiff Employers Mutual Casualty Company (“Employers Mutual”),

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HT3, Tiffany Construction Company, and T & S Materials, L.L.C.. Based on the

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Stipulation and all other matters of record in this case, and for good cause shown,

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the Court finds that a declaratory judgment in favor of Employers Mutual should be

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entered as requested in the Stipulation.

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IT IS THEREFORE ORDERED that judgment is entered in favor of
Employers Mutual and against HT3 declaring that:
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The Employers Mutual commercial general liability policies numbered

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3D1-06-14-05 for the period from July 1, 2004 to July 1, 2005 (“the 2004 Policy”),

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and 3D1-06-14-06 for the period of July 1, 2005 to July 1, 2006 (“the 2005 Policy”)

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do not provide insurance coverage for HT3.

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2.

Employers Mutual owes no defense, indemnity, or any other obligation

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to HT3, Indio, and CWC in connection with Terra Lago Community Association v.

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Indio Land Ventures, LLC, et al., Riverside County Superior Court Case No.

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RIC1513496 (the “Lawsuit”).

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3.

Employers Mutual does not have a duty to indemnify HT3, Indio, or

CWC for any settlement or judgment resulting from or due to the Lawsuit.
4.

Employers Mutual, HT3, Indio, and CWC shall each bear their own

attorneys’ fees, litigation expenses, and court costs for this lawsuit.
Dated: March 2, 2017

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______________________________
____________________
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Cormac J. Carney
ac
United States District Judge

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EMPLOYERS MUTUAL CASUALTY COMPANY VS. TIFFANY CONSTRUCTION COMPANY, INC., ET AL.