Opinion
Case No. 8:14-cv-01532-DOC-AJW
12-17-2015
JEFF TRACY, INC. dba LAND FORMS LANDSCAPING CONSTRUCTION and JEFF TRACY, an individual, Plaintiffs, v. SCOTTSDALE INSURANCE COMPANY; and DOES 1 through 100, Inclusive, Defendants.
MEKA MOORE (SBN 180017) mmoore@selmanbreitman.com ELISABETH M. D'AGOSTINO (SBN 251179) edagostino@selmanbreitman.com TIMOTHY J. MCFEELY (SBN 293864) tmcfeely@selmanlaw.com SELMAN BREITMAN LLP 11766 Wilshire Blvd., Sixth Floor Los Angeles, CA 90025-6538 Telephone: 310.445.0800 Facsimile: 310.473.2525 Attorneys for Defendants SCOTTSDALE INSURANCE COMPANY
MEKA MOORE (SBN 180017)
mmoore@selmanbreitman.com
ELISABETH M. D'AGOSTINO (SBN 251179)
edagostino@selmanbreitman.com
TIMOTHY J. MCFEELY (SBN 293864)
tmcfeely@selmanlaw.com
SELMAN BREITMAN LLP
11766 Wilshire Blvd., Sixth Floor
Los Angeles, CA 90025-6538
Telephone: 310.445.0800
Facsimile: 310.473.2525 Attorneys for Defendants SCOTTSDALE INSURANCE
COMPANY JUDGMENT [113] Date: November 30, 2015
Time: 8:30 a.m.
Judge: Hon. David O. Carter
Dept.: 9-D Trial Date: February 23, 2016
This action came on for hearing before the Court on November 30, 2015, Hon. David O. Carter, Judge Presiding on the Motion for Summary Judgment or, in the alternative, Partial Summary Judgment in favor of Scottsdale Insurance Company. The evidence presented having been fully considered, the issues having been duly heard and a decision having been duly rendered,
IT IS ORDERED, ADJUDGED AND DECREED THAT DEFENDANT SCOTTSDALE INSURANCE COMPANY have judgment as follows:
1. On the Supplemental Complaint of Jeff Tracy, Inc. dba Land Forms Landscaping Construction and Jeff Tracy (collectively, "Land Forms"), Scottsdale Insurance Company is granted summary judgment in its entirety, with judgment entered in Scottsdale's favor and against Land Forms;
2. Scottsdale never had a duty to defend or indemnify Land Forms with respect to the underlying lawsuit styled, Jeff Tracy, Inc. v. City of Pico Rivera, Los Angeles County Superior Court Case No. VC063151, as more fully set forth in the Court's Order Re: Cross Motions For Summary Judgment And Defendant's Motion for Sanctions attached hereto as Exhibit 1;
3. Plaintiffs Jeff Tracy, Inc. dba Land Forms Landscaping Construction and Jeff Tracy shall take nothing by way of their complaint;
4. Scottsdale is the prevailing party with respect to this matter and, therefore, is entitled to recover its costs of suit in the sum of $__________;
4. This Court shall retain jurisdiction of this matter for the purposes of enforcing the below outstanding sanctions awarded to Scottsdale and against Land Forms which have not been paid:
a) $2,772.80 awarded pursuant to Docket No. 107.
b) $4,370.00 awarded pursuant to Docket No. 109.
c) $3,000.00 awarded pursuant to Docket No. 111.
Dated: December 17, 2015
/s/_________
Hon. David O. Carter
United States District Court Judge