Century 21 Real Estate, LLC v. All Professional Hawaii Realty, Inc. et al

Filing 42

MEMORANDUM and ORDER signed by Judge William B. Shubb on 8/7/12 ORDERING Century 21s motion for summary adjudication of its claim for breach of contract be, and the same hereby is, GRANTED IN PART with respect to Century 21's claim for breach of contract, actual damages totaling $195,454.90, and future lost profits totaling $575,001.57, and DENIED IN PART with respect to Century 21's request for $1,500.00 in actual damages; Century 21's motion for summary adjudicati on of its claim for breach of guaranty be, and the same hereby is, GRANTED; Century 21's motion for summary adjudication of its claims for trademark infringement and unfair competition be, and the same hereby is, GRANTED and Century 21 is awarde d treble damages in the amount of $86,022.00; Century 21's motion for summary adjudication of all of All Professional and the Wrights' claims be, and the same hereby is, GRANTED; and Steve Wright, Carol Wright, and All Professional are HEREBY PERMANENTLY ENJOINED from further unauthorized use of Century 21's Marks, as defined in the franchise agreements. This matter shall remain on calendar for a pretrial conference on September 17, 2012, and bench trial on October 30, 2012, on Century 21's remaining claims, including Century 21's $1,500.00 damages request for breach of contract. If Century 21 files a written statement within 15 days from the date of this Order, dismissing its remaining claims and agreeing to accept judgment in accordance with this Order, the court will vacate the pretrial conference and trial dates enter final judgment in accordance with this Order.(Matson, R)