Paul Evert's RV Country, Inc. et al v. Universal Underwriters Insurance Company
Filing
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STIPULATED JUDGMENT signed by Senior Judge William B. Shubb on 1/27/17. Judgment is entered for Defendant on the issue of whether Plaintiffs and Aaron Lyon may recover damages from Defendant based on the Punitive Damages Award, pursuant to the Co urt's ruling on that issue in its 11/18/16 Order re: Cross-Motions for Summary Judgment, Docket No. 108 . All other claims in Plaintiffs' Complaint are DISMISSED with prejudice. This dismissal does not limit the relevant evidence that Plaintiffs may use to prove a claim for damages based on Universal's alleged breach of its duties relating to the Punitive Damages Award should they prevail on their appeal of this Judgment. Defendant's claim for declaratory relief relating to the Compensatory Damage Award is DISMISSED with prejudice. Defendant's claim for declaratory relief that it provided a defense in the underlying matter as required by the Policy is DISMISSED without prejudice. Each party shall bear its own costs and attorney's fees incurred in this matter. (Becknal, R)
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IN THE UNITED STATES DISTRICT COURT
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MOUND COTTON WOLLAN & GREENGRASS LLP
2200 P OWELL S TREET S UITE 1125
E MERYVILLE , C ALIFORNIA 94608
T ELEPHONE : (510) 900-9371 FACSIMILE : (510) 900-9381
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PAUL EVERT’S RV COUNTRY, INC.,
PAUL EVERT and CHARLES CURTIS,
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Case No. 1:15-cv-00124 WBS SKO
STIPULATED JUDGMENT
Plaintiffs,
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v.
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UNIVERSAL UNDERWRITERS
INSURANCE COMPANY,
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Defendant.
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_____________________________________
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UNIVERSAL UNDERWRITERS
INSURANCE COMPANY,
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Cross-Complainant,
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v.
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PAUL EVERT’S RV COUNTRY, INC.,
PAUL EVERT and CHARLES CURTIS,
AARON LYON and ROES 1-50, inclusive,
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Cross-Defendants.
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This matter arises out of the Superior Court’s judgment and award in the matter of Fresno RV
et al. v. Paul Evert’s RV Country Inc. et al., Fresno Superior Court Case No. 11-CE-CG-01433.
On January 17, 2014, the Superior Court awarded $500,000 in compensatory damages (“the
Compensatory Damage Award”); and $3,000,000 in punitive damages against Paul Evert,
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[PROPOSED] STIPULATED JUDGMENT - CASE NO. 1:15-CV-00124 WBS SKO
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$1,000,000 in punitive damages against Charles Curtis and $80,000 in punitive damages against
Aaron Lyon (“the Punitive Damage Award”). The Superior Court’s award of compensatory and
punitive damages was reduced to a Judgment, and that Judgment is currently on appeal in Fresno
RV, Inc. et al. v. Paul Evert's RV Country, Inc. et al., Court of Appeal Case Number F071783.
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Plaintiffs brought this action for breach of contract and breach of the covenant of good faith
and fair dealing. Defendant filed a Counter-Complaint for Declaratory Relief against Plaintiffs and
Aaron Lyon.
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MOUND COTTON WOLLAN & GREENGRASS LLP
2200 P OWELL S TREET S UITE 1125
E MERYVILLE , C ALIFORNIA 94608
T ELEPHONE : (510) 900-9371 FACSIMILE : (510) 900-9381
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Defendant moved for summary judgment or, in the alternative, partial summary judgment,
on all claims in the Complaint and Counter-Complaint. Plaintiffs filed a motion for partial
summary judgment on Plaintiffs’ Complaint. On November 18, 2016, this Court issued its Order
re: Cross-Motions for Summary Judgment, Docket No. 108. The Court’s Order granted partial
summary judgment for Defendant on the issue of whether Plaintiffs and Lyon may recover
damages from Defendant based on their liability for punitive damages in the underlying Fresno RV
action. The Court’s Order denied the remainder of the motions.
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The Parties have reached an agreement that the November 18, 2016 Order should become
the Stipulated Judgment of the Court on the issue of whether Plaintiffs or Lyon may recover
damages from Defendant based on their liability for punitive damages in the underlying Fresno RV
action, subject to appeal. Plaintiffs stipulate to the dismissal with prejudice of each of Plaintiffs’
remaining claims for damages not based on the Punitive Damages Award. Defendant stipulates
that in the event that the Judgment is overturned on appeal, Plaintiffs may seek damages based on
Universal’s denial of coverage for the Punitive Damages Award under any theory whatsoever,
including but not limited to the contention that Defendant failed to provide a defense in the
underlying litigation.
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Defendant stipulates to the dismissal with prejudice of its claim for declaratory relief
relating to insurance coverage for the Compensatory Damage Award. Defendant stipulates to the
dismissal of its claim for declaratory relief that it provided a defense in the underlying matter as
required by the Policy, without prejudice.
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[PROPOSED] STIPULATED JUDGMENT - CASE NO. 1:15-CV-00124 WBS SKO
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The parties stipulate that each party shall bear its own costs and attorney’s fees incurred in
this matter.
DATED: January 27, 2017
WILKINS, DROLSHAGEN & CZESHINSKI LLP
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By: /s/James Wilkins
James H. Wilkins
Attorneys for Paul Evert’s RV Country, Inc.,
Paul Evert and Charles Curtis
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DATED: January 27, 2017
LAW OFFICES OF PETER SEAN BRADLEY
MOUND COTTON WOLLAN & GREENGRASS LLP
2200 P OWELL S TREET S UITE 1125
E MERYVILLE , C ALIFORNIA 94608
T ELEPHONE : (510) 900-9371 FACSIMILE : (510) 900-9381
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By: /s/Peter Sean Bradley
Peter Sean Bradley
Attorneys for Aaron Lyon
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DATED: January 27, 2017
MOUND COTTON WOLLAN & GREENGRASS LLP
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By: /s/Jonathan Gross
Jonathan Gross
Attorneys for Universal Underwriters Insurance
Company
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[PROPOSED] STIPULATED JUDGMENT - CASE NO. 1:15-CV-00124 WBS SKO
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MOUND COTTON WOLLAN & GREENGRASS LLP
2200 P OWELL S TREET S UITE 1125
E MERYVILLE , C ALIFORNIA 94608
T ELEPHONE : (510) 900-9371 FACSIMILE : (510) 900-9381
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PURSUANT TO THE PARTIES’ STIPULATION, AND GOOD CAUSE APPEARING, THE
COURT ENTERS JUDGMENT AS FOLLOWS:
Judgment is entered for Defendant on the issue of whether Plaintiffs and Aaron Lyon may
recover damages from Defendant based on the Punitive Damages Award, pursuant to the Court’s
ruling on that issue in its November 18, 2016 Order re: Cross-Motions for Summary Judgment,
Docket No. 108.
All other claims in Plaintiffs’ Complaint are dismissed with prejudice. This dismissal does
not limit the relevant evidence that Plaintiffs may use to prove a claim for damages based on
Universal’s alleged breach of its duties relating to the Punitive Damages Award should they prevail
on their appeal of this Judgment.
Defendant’s claim for declaratory relief relating to the Compensatory Damage Award is
dismissed with prejudice. Defendant’s claim for declaratory relief that it provided a defense in the
underlying matter as required by the Policy is dismissed without prejudice.
Each party shall bear its own costs and attorney’s fees incurred in this matter.
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IT IS SO ORDERED.
Dated: January 27, 2017
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[PROPOSED] STIPULATED JUDGMENT - CASE NO. 1:15-CV-00124 WBS SKO
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