Travelers Property Casualty Company of America v. Greg Opinski Construction, Inc. et al

Filing 19

STIPULATED FINAL JUDGMENT;ORDER, signed by District Judge Dale A. Drozd on 2/16/2021(Martin-Gill, S)

1 THE AGUILERA LAW GROUP, APLC
A. Eric Aguilera (SBN 192390)
2 [e-mail]
3 Lindsee Falcone (SBN 268072)
[e-mail]
4 V. René Daley (SBN 199914)
[e-mail]
5 650 Town Center Drive
Suite 100
6 Costa Mesa, CA 92626
T: 714-384-6600 / F: 714-384-6601
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8 Attorneys for Plaintiff, TRAVELERS
PROPERTY CASUALTY COMPANY OF AMERICA
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO

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TRAVELERS PROPERTY
15 CASUALTY COMPANY OF
AMERICA, a Connecticut
16 Corporation
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No.: 1:19-CV-01308-NONE-SAB
Complaint Filed: September 18,
2019

Plaintiff,

STIPULATED FINAL
JUDGMENT

v.

19 GREG OPINSKI CONSTRUCTION,
20 INC., a California Corporation,
BAMBACIGNO STEEL COMPANY,
21 a California Corporation and DOES
1 through 10 inclusive,
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Defendants.
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STIPULATED FINAL JUDGMENT

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STIPULATED FINAL JUDGMENT
Plaintiff

Travelers

Property

Casualty

Company

of

America

3 (“Travelers”) filed this action for declaratory relief (under 28 U.S.C. § 1332)
4 and for equitable reimbursement under California state law against
5 defendants Bambacigno Steel Company (“Bambacigno”) and Greg Opinski
6 Construction, Inc. (“Opinski”). Travelers, Bambacigno, and Opinski have
7 settled the action and have stipulated to entry of final judgment without
8 adjudication of any issue of fact or law and without judgment constituting
9 any evidence against or admission by any of the them with respect to any
10 matter at issue in this action.
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THEREFORE, before the taking of any testimony and without trial or

12 adjudication of any fact or law herein and upon consent of Travelers,
13 Bambacigno, and Opinski, it is hereby
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ORDERED, ADJUDGED AND DECREED that:

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1.

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This Court has jurisdiction of the action and over Travelers,
Bambacigno, and Opinski.

2.

Travelers’ complaint states a claim for declaratory relief under 28

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U.S.C. § 1332 and for equitable reimbursement under California

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state law upon which relief may be granted against Bambacigno

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and Opinski.

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3.

Judgment is entered on Travelers’ first cause of action for

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declaratory relief and a declaration is hereby made that Travelers

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owes no duty to defend Bambacigno in the action entitled Greg

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Opinski Construction, Inc. v. Bambacigno Steel Co., Inc.,

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California Superior Court for the County of Stanislaus, case

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number 9000481.

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4.

Judgment is entered on Travelers’ second cause of action for
declaratory relief and a declaration is hereby made that Travelers
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STIPULATED FINAL JUDGMENT

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owes no duty to indemnify Bambacigno against any damages

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sought in connection with the action entitled Greg Opinski

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Construction, Inc. v. Bambacigno Steel Co., Inc., California

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Superior Court for the County of Stanislaus, case number

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9000481.

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5.

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hereby dismissed with prejudice.
6.

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Travelers’ third cause of action for equitable reimbursement is
Travelers, Bambacigno, and Opinski shall bear their own costs
incurred in this action.

7.

Pursuant to stipulation, Travelers, Bambacigno, and Opinski
have no right to appeal this judgment.

12 IT IS SO ORDERED.
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Dated: February 16, 2021
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UNITED STATES DISTRICT JUDGE

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STIPULATED FINAL JUDGMENT