Paul Evert's RV Country, Inc. et al v. Universal Underwriters Insurance Company

Filing 124

ORDER signed by Senior Judge William B. Shubb on 1/9/2017 DENYING 115 Defendant's Second Motion for Summary Judgment. (Kirksey Smith, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 13 PAUL EVERT’S RV COUNTRY, INC.; PAUL EVERT; and CHARLES CURTIS, 16 17 18 ORDER Plaintiffs, 14 15 CIV. NO. 1:15-00124 WBS SKO v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY; and DOES 1-25, inclusive, Defendants. 19 20 21 AND RELATED COUNTERCLAIMS. ----oo0oo---- 22 At the Pretrial Conference on November 21, 2016, the 23 court permitted the filing of a new limited motion for summary 24 judgment based on defendant’s argument that plaintiffs have 25 sustained no damages as a result of the conduct which forms the 26 basis of plaintiffs’ remaining causes of action. 27 now read the briefs of the parties and considered the arguments 28 of counsel on the new motion. 1 The court has 1 Defendant’s argument that plaintiffs have sustained no 2 damages is based in large part on defendant’s representation that 3 it agreed to indemnify plaintiffs for any award of compensatory 4 damages in the underlying action, a fact which the court does not 5 find to be supported by the record. 6 has asked this court for a declaratory judgment that it is not 7 required to indemnify plaintiffs for those damages. 8 9 To the contrary, defendant Because the court cannot conclude that plaintiffs have sustained no damages as a result of the alleged conduct upon 10 which plaintiffs’ remaining claims are based, defendant’s second 11 motion for summary judgment (Docket No. 115) is DENIED. 12 Dated: January 9, 2017 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?