Travelers Casualty and Surety Co. v. Natoma Valley Ridge, et al.,

Filing 213

ORDER signed by Judge John A. Mendez on 9/21/2012 ORDERING that Judgment be entered in favor of Plaintiff Travelers Casualty and Surety Company of America against Defendants Thomas E. Martin, Thomas E. Martin as trustee for the Thomas E. Martin Trust dated December 26, 2002, and GV Investments, LLC, jointly and severally, in the amount of One Hundred Thousand Dollars and Zero Cents ($100,000.00); ORDERING the interest on the principal judgment shall accrue at the Federal rate pursuant to 28 U.S.C. § 1961 from the date of recordation of the abstract judgment; ORDERING that the settling defendants shall take nothing from Plaintiff. Thomas E. Martin, Thomas E. Martin as trustee for the Thomas E. Martin Trust dated December 26, 2002, and GV Investments, LLC TERMINATED. (Michel, G)

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BENNETT J. LEE, Bar No. 230482
NICHOLAS A. MERRELL, Bar No. 240795
WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P.
333 Bush Street, Suite 1500
San Francisco, CA 94104
Telephone:
415-623-7000
Facsimile:
415-623-7001
[e-mail]
[e-mail]
Attorneys for Plaintiff
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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TRAVELERS CASUALTY AND SURETY Case No. 2:08-cv-02715-JAM-JFM [lead case]
COMPANY OF AMERICA, a Connecticut
corporation,
JUDGMENT ENTERED AGAINST
DEFENDANTS THOMAS E. MARTIN,
Plaintiff,
THOMAS E. MARTIN, AS TRUSTEE FOR
THE THOMAS E. MARTIN TRUST,
v.
ESTABLISHED DECEMBER 26, 2002 AND
GV INVESTMENTS, LLC
NATOMA VALLEY RIDGE, LLC, a
California limited liability company; GSJ
COMPANY,
LLC
dba
DUNMORE
COMMUNITIES, a California limited
liability company; GRANT AVENUE, LLC,
a California limited liability company;
CREEKSIDE 18, LLC, a California limited
liability company; JEREMY A. DUNMORE,
an individual; SIDNEY D. DUNMORE, an
individual;
RUTH
DUNMORE,
an
individual; CHADY EVETTE DUNMORE,
an individual; THOMAS E. MARTIN, an
individual; DIANE CAROL MARTIN, an
individual; STEPHEN K. PARKINSON, an
individual; SUSAN C. PARKINSON, an
individual; GSJ COMPANY, LLC dba
DUNMORE COMMUNITIES, as trustee, for
THE DUNMORE FAMILY TRUST dated
February 24, 1977, as amended; RUTH
DUNMORE, as trustee, for THE DUNMORE
FAMILY TRUST dated February 24, 1977,
as
amended;
WESTERN
SIERRA
NATIONAL
BANK,
a
California
corporation;
WESTERN
SIERRA
BANCORP, a California corporation;
UMPQUA HOLDINGS CORPORATION, an
Oregon corporation; and UMPQUA BANK,
an Oregon corporation, GSJ COMPANY, LP,
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JUDGMENT

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a California limited partnership, DUNMAR,
LLC, a California limited liability company,
FAIR OAKS VILLAGE, LLC, a California
limited
liability
company,
SIBLEY
SQUARE, LLC, a California limited liability
company, PENRYN COUNTRY ESTATES,
LLC, a California limited liability company,
HILLGATE ESTATES, LLC, a California
limited liability company, STEVENSON
AVENUE, LLC, a California limited liability
company, SHASTA OAK COURT, LLC, a
California limited liability company,

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Defendants.
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TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, a Connecticut
corporation,

Case No. 2:09-CV-02147-JAM-JFM

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Plaintiff,
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v.
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THOMAS E. MARTIN, an individual;
DIANE CAROL MARTIN, an individual;
THOMAS E. MARTIN, as trustee for the
THOMAS E. MARTIN TRUST, established
December 26, 2002; DIANE CAROL
MARTIN, as trustee for the THOMAS E.
MARTIN TRUST, established December 26,
2002; BARBERRY LANE, LLC, a California
limited liability company; EVAN ESTATES,
LLC, a California limited liability company;
GV INVESTMENTS, LLC, a California
limited liability company; LAKERIDGE
COTTAGES, LLC, a California limited
liability company; PINE GROVE, LLC, a
California
limited
liability
company;
STEVENSON AVENUE, LLC, a California
limited
liability
company;
TDM
INVESTMENTS, LLC, a California limited
liability company; and DOES 1-20.

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Defendants.
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WHEREAS, Plaintiff Travelers Casualty and Surety Company of America (“Travelers”), on the

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one hand, and Defendants Thomas E. Martin, Thomas E. Martin as trustee for the Thomas E. Martin

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Trust dated December 26, 2002, and GV Investments, LLC (“Settling Defendants”) on the other hand,

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have filed with the Court a Stipulated Judgment (“Stipulated Judgment”); and
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JUDGMENT

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WHEREAS, the Stipulated Judgment provides that a judgment shall issue by this Court against
Settling Defendants in the form and substance as this Judgment;
NOW, THEREFORE, based upon the statements and presentments of the Parties as set forth in
the Stipulated Judgment, IT IS ORDERED, ADJUDGED and DECREED as FOLLOWS:
1.

Judgment is hereby entered in favor of Plaintiff Travelers Casualty and Surety Company

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of America against Defendants Thomas E. Martin, Thomas E. Martin as trustee for the Thomas E. Martin

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Trust dated December 26, 2002, and GV Investments, LLC, jointly and severally, in the amount of One

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Hundred Thousand Dollars And Zero Cents ($100,000.00);

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2.

Interest on the principal Judgment sum of One Hundred Thousand Dollars And Zero Cents

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($100,000.00) shall accrue at the Federal rate pursuant to 28 U.S.C. § 1961 from the date of recordation

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of the abstract of judgment;

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3.

Settling Defendants shall take nothing from Plaintiff Travelers;

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4.

The Thomas E. Martin Trust dated December 26, 2002 is, and has at all times relevant to

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this lawsuit been, a revocable trust under California law. As such, this Judgment in Case No. in Case No.

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2:08-cv-02715-JAM-JFM against Thomas E. Martin is hereby enforceable against the Thomas E. Martin

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Trust dated December 26, 2002, and, as set forth above, the Judgment is also directly entered against

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Defendant Thomas E. Martin as trustee for the Thomas E. Martin Trust dated December 26, 2002; and

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5.

Pursuant to Code of Civil Procedure section 697.020, the judgment lien created in favor of

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Travelers pursuant to this Judgment shall perfect and relate back to the Travelers’ attachment liens

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previously issued in this action and therefore have the same lien priority as Travelers’ attachment liens.

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IT IS SO ORDERED.

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Dated: 9/21/2012

/s/ John A. Mendez________________________
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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JUDGMENT