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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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PAUL EVERT’S RV COUNTRY,
INC.; PAUL EVERT; and CHARLES
CURTIS,

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ORDER

Plaintiffs,

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CIV. NO. 1:15-00124 WBS SKO

v.
UNIVERSAL UNDERWRITERS
INSURANCE COMPANY; and DOES
1-25, inclusive,
Defendants.

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AND RELATED COUNTERCLAIMS.
----oo0oo----

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At the Pretrial Conference on November 21, 2016, the

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court permitted the filing of a new limited motion for summary

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judgment based on defendant’s argument that plaintiffs have

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sustained no damages as a result of the conduct which forms the

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basis of plaintiffs’ remaining causes of action.

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now read the briefs of the parties and considered the arguments

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of counsel on the new motion.
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The court has

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Defendant’s argument that plaintiffs have sustained no

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damages is based in large part on defendant’s representation that

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it agreed to indemnify plaintiffs for any award of compensatory

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damages in the underlying action, a fact which the court does not

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find to be supported by the record.

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has asked this court for a declaratory judgment that it is not

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required to indemnify plaintiffs for those damages.

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To the contrary, defendant

Because the court cannot conclude that plaintiffs have
sustained no damages as a result of the alleged conduct upon

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which plaintiffs’ remaining claims are based, defendant’s second

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motion for summary judgment (Docket No. 115) is DENIED.

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Dated:

January 9, 2017

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