Platte River Insurance Company v. Premier Power Renewable Energy, Inc. et al

Filing 53

ORDER signed by Senior Judge William B. Shubb on 12/9/2015 ORDERING that plaintiff's 48 motion for partial summary judgment on its first cause of action for breach of the indemnity contract is GRANTED. The hearing set for December 14 at 1:30 p.m. is hereby VACATED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Civ. No. 2:14-1666 WBS EFB

PLATTE RIVER INSURANCE
COMPANY, a Nebraska
corporation,
Plaintiff,

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ORDER RE: MOTION FOR PARTIAL
SUMMARY JUDGMENT

v.
PREMIER POWER RENEWABLE
ENERGY, INC., a California
corporation; DEAN RICHARD
MARKS, an individual; and
SARILEE MARKS, an individual,
Defendants.

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----oo0oo----

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Plaintiff Platte River Insurance Company brought this

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action against defendants Premier Power Renewable Energy, Inc.,

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Dean Richard Marks, and Sarilee Marks, asserting claims for

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breach of an indemnity contract, specific performance, injunctive

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relief, and quia timet.

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moves for partial summary judgment on its claim for breach of the

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indemnity contract against defendants Dean Richard Marks and

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Sarilee Marks (“defendants”) pursuant to Federal Rule of Civil

(Compl. (Docket No. 1).)

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Plaintiff now

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Procedure 56.

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(Docket No. 48.)1

The indemnity contract required defendants to indemnify

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plaintiff “against all demands, claims, loss, costs, damages,

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expenses and fees including any attorneys’ fees” that plaintiff

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incurred as a result of issuing a certain payment bond.

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Decl. ¶¶ 8-12, Ex. 1 § 2, Ex. 2 (Docket No. 48-3).)

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also entitled plaintiff to twelve percent per annum interest on

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any unpaid amounts.

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(Wills

The contract

(Id. ¶ 40, Ex. 1 § 10, Ex. 2.)

Plaintiff contends that it incurred $1,217,078.56 in

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losses and attorney’s fees as a result of claims made against the

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payment bond, plus $117,622.58 in interest pursuant to the twelve

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percent contractual rate.

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result, plaintiff moves for a total judgment of $1,334,701.14.

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(Id. ¶ 42; Mem. at 15 (Docket No. 48-1).)

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contends that there is no evidence to support any of defendants’

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affirmative defenses.

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(Id. ¶¶ 28-41, Exs. 4-5.)

As a

Plaintiff also

(Wills Decl. ¶ 42; Mem. at 15.)

Defendants filed a statement of non-opposition to

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plaintiff’s summary judgment motion.

(Docket No. 52.)

A

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statement of non-opposition is filed by “[a] responding party who

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has no opposition to the granting of the motion.”

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230(c).

E.D. Cal. L.R.

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Accordingly, good cause appearing, IT IS HEREBY ORDERED

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that plaintiff’s motion for partial summary judgment on its first

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cause of action for breach of the indemnity contract be, and the

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same hereby is, GRANTED.

The hearing set for December 14 at 1:30

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Defendant Premier Power Renewable Energy, Inc. has
failed to file a responsive pleading and plaintiff has separately
moved for default judgment against it. (Docket No. 49.)
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p.m. is hereby VACATED.

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Dated:

December 9, 2015

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