Opinion
Case No. 5:13-cv-00946 JAK (DTBx)
06-11-2015
FIDELITY & GUARANTY INSURANCE COMPANY, an Iowa corporation, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut corporation, Plaintiff, v. KB HOME COASTAL, INC., et al Defendant. AND RELATED COUNTERCLAIM
Assigned To Magistrate Judge David T. Bristow
JUDGMENT
The Court having granted in part the Motion for Partial Summary Judgment filed by Plaintiffs and Cross-Defendants Fidelity And Guaranty Insurance Company and Travelers Property Casualty Company of America (collectively, "Travelers") against defendants and cross-complainants KB Home Coastal, Inc., KB Home Sacramento, Inc., KB Home Central Valley, Inc., Kaufman & Broad of Sacramento and KB Home (collectively "KB Home"). Specifically, this Court granted Travelers' motion as to KB Home's cause of action for breach of the covenant of good faith and fair dealing as well as Travelers' and KB Home's causes of action for declaratory relief regarding the issue of KB Home's entitlement to independent counsel.
Travelers' remaining causes of action for equitable reimbursement and breach of contract and KB Home's remaining cause of action for breach of contract were dismissed without prejudice on May 15, 2015. As such, all claims in the action have been disposed of.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that judgment is entered in favor of Travelers, and against KB Home on KB Home's cause of action for Breach of the Covenant of Good Faith And Fair Dealing as well as KB Home's and Travelers' cause of action for declaratory relief regarding the right to independent counsel; that KB Home shall take nothing from Travelers; and that Travelers may recover an award of costs, in an amount to be determined, following the filing of the appropriate application and the consideration of any objections. Dated: June 11, 2015
/s/_________
JOHN A. KRONSTADT
United States District Judge