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

Filing 43

JUDGMENT dated *8/17/2012* in favor of Plaintiff and Counter-Defendant Century 21 Real Estate LLC, a Delaware Limited Liability Company against Defendants and Counterclaimants All Professional Realty, Inc., a California Corporation doing business as Century 21 All Professional, All Professional Hawaii Realty, Inc., a Hawaii Corporation formerly doing business as Century 21 All Professional, Steve Wright, Carol Wright pursuant to order signed by Judge William B. Shubb on 8/16/2012. Defendants and their employees, agents, and all persons acting with them or on their behalf are permanently restrained and enjoined from doing anything which would indicate that Defendants, or any of them, are an authorized Century 21 franchisee. (Michel, G)

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LISA K. GARNER (SBN: 155554)
AARON P. RUDIN (SBN: 223004)
PAULETTE S. DEPAULO (SBN: 217291)
GORDON & REES LLP
633 West Fifth Street, Suite 4900
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail];
[e-mail]
Attorneys for Plaintiff and Counter-Defendant
CENTURY 21 REAL ESTATE LLC

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Gordo
n&
Rees LLP
633
W est
Fifth
Street,
Suite 4900
Los
Angele
s, CA
90071

UNITED STATE DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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CENTURY 21 REAL ESTATE LLC, a
) CASE NO. 2:10-CV-02751-WBS-GGH
Delaware Limited Liability Company formerly ) [Consolidated with Case Nos. 2:10-02846
known as Century 21 Real Estate Corporation, ) WBS GGH and 2:11-02497 WBS GGH.]
)
) JUDGMENT
Plaintiff,
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)
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ALL PROFESSIONAL REALTY, INC., a
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California corporation doing business as
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CENTURY 21 ALL PROFESSIONAL;
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STEVEN M. WRIGHT, an individual; and
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CAROL WRIGHT, an individual,
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Defendant s .
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After full consideration of Plaintiff and Counter-defendant Century 21 Real Estate LLC’s
(“Century 21’s”) Motion for Summary Adjudication against Defendants and Counterclaimants
All Professional Realty, Inc., All Professional Hawaii Realty, Inc., Steve Wright and Carol
Wright, (collectively referred to herein as “Defendants”), and the evidence, and written and oral
submissions by the parties, the Court issued its August 8, 2012 Memorandum & Order
Regarding Century 21’s Motion For Summary Adjudication setting forth its findings of fact and

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conclusions of law in this action. (Court Document No. 115) On August 14, 2012, Century 21
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Gordon
&ReesLLP
633
W est
Fifth
Street,
Suite 4900
Los
Angeles,
CA
90071

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requested dismissal of its remaining claims for relief in the Consolidated Actions (Case Nos.
2:10-02751 WBS-GGH, 2:10-02846 WBS GGH and 2:11-02497 WBS GGH) and requested that
Judgment be entered in accordance with the Court’s August 8, 2012 Order.

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IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:
That judgment is entered in favor of Plaintiff and Counter-Defendant Century
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21 Real Estate LLC, a Delaware limited liability company (“Century 21”) and against
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Defendants and Counterclaimants All Professional Realty, Inc., a California corporation doing
business as Century 21 All Professional (“All Professional Realty, Inc.”), Steve Wright and
Carol Wright, jointly and severally, on Century 21’s claims for relief for Trademark
Infringement (15 U.S.C. § 1114), Common Law, Trademark Infringement, Federal Unfair

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Competition (15 U.S.C. § 1125), for the total amount of $57,348.00, representing treble

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damages for willful trademark infringement, plus interest at 17% per annum from the date of

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entry of Judgment pursuant to 28 U.S.C. § 1961;

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2)

That judgment is entered in favor of Century 21 and against Defendants and

Counterclaimants All Professional Hawaii Realty, Inc., a Hawaii corporation formerly doing

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business as Century 21 All Professional, (“All Professional Hawaii Realty, Inc.”), Steve Wright

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and Carol Wright, jointly and severally, on Century 21’s claims for relief for Trademark

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Infringement (15 U.S.C. § 1114), False Designation of Origin/False Advertising (15. U.S.C. §

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1125(a)), Common Law Unfair Competition for the total amount of $28,674.00, representing

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treble damages for willful trademark infringement, plus interest at 17% per annum from the date

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of entry of Judgment pursuant to 28 U.S.C. § 1961;

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3)

That judgment is entered in favor of Century 21 and against All Professional

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Realty, Inc., Steve Wright and Carol Wright, jointly and severally, on Century 21’s claims for

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relief for breach of contract, breach of guaranty, breach of promissory note, for the total amount

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of $668,016.41, consisting of actual damages totaling $173,556.82 and liquidated damages

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totaling $494,459.59, plus interest at 16% per annum from July 9, 2010 (the date of beach of the

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Gordon
&ReesLLP
633
W est
Fifth
Street,
Suite 4900
Los
Angeles,
CA
90071

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franchise agreements) pursuant to N.J.S.A. 31-1.1 and sections 11.2 of the Franchise
Agreements;
4)

That judgment is entered in favor of Century 21 and against All Professional

Hawaii Realty, Inc., Steve Wright and Carol Wright, jointly and severally, on Century 21’s

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claims for relief for breach of contract and breach of contract: guaranty, for the total amount of

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$102,440.06, consisting of actual damages totaling $21,898.08 and liquidated damages totaling

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$80,541.98, plus interest at 16% per annum from July 9, 2010 (the date of beach of the franchise

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agreements) pursuant to N.J.S.A. 31-1.1 and sections 11.2 of the Franchise Agreements;

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5)

That judgment is entered in favor of Century 21 and against All Professional

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Realty, Inc., All Professional Hawaii Realty, Inc., Steve Wright and Carol Wright on all of All

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Professional Realty, Inc., All Professional Hawaii Realty, Inc., Steve Wright and Carol Wright’s

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claims for relief against Century 21, and All Professional Realty, Inc., All Professional Hawaii

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Realty, Inc., Steve Wright and Carol Wright shall take nothing on their claims for relief,

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including breach of contract, unfair competition, breach of the implied covenant of good faith

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and fair dealing, fraud, intentional interference with business advantage/contract, negligent

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interference with business advantage, violation of California’ franchise investment law, and

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violation of Hawaii’s franchise investment law.

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6)

Plaintiff and Counter-defendant Century 21 Real Estate, LLC is the

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prevailing party and shall be entitled to seek an award of its reasonable attorney’s fees

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incurred in this action pursuant to the terms of the Franchise Agreements;

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7)

Defendants and their employees, agents, and all persons acting with them or

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on their behalf, are permanently restrained and enjoined from any and all use of the Century

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21 marks including, but not limited to, the proprietary mark “Century 21”, all similar names

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and marks and any name or mark containing the designation “Century 21,” or any other name,

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designation or mark, or similar colors or lettering indicating or tending to indicate that

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Defendants, or any of them, is an authorized Century 21 franchisee;

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-3[PROPOSED] JUDGMENT
CASE NOS. 2:10-02751W BS GGH, 2:10-02846 W BS GGH and 2:11-02497 W BS GGH

Defendants and their employees, agents, and all persons acting with them or

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8)
on their behalf, are permanently restrained and enjoined from all advertising as a Century 21
franchisee;

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9)

Defendants and their employees, agents, and all persons acting with them or on

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their behalf are permanently restrained and enjoined from using the CENTURY 21® System,

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including, but not limited to, operating manuals, training manuals, sales manuals and aids, listing

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films and books, advertising and promotional materials, and all technology products, and all

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films, cassettes, and instructions manuals which are part of Century 21’s programs, that were

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delivered to Defendants pursuant to the Franchise Agreements;

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Gordo
n&
Rees LLP
633
W est
Fifth
Street,
Suite 4900
Los
Angele
s, CA
90071

10)

Defendants and their employees, agents, and all persons acting with them or on

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their behalf are permanently restrained and enjoined from doing anything which would indicate

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that Defendants, or any of them, are an authorized Century 21 franchisee;

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IT IS SO ORDERED.
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Dated: August 16, 2012