Opinion
CV 22-9389-MWF(RAOx)
01-17-2024
KFT ENTERPRISES, NO. 1 L.P., a California limited partnership Plaintiff, v. ALBERTSON'S LLC, and DOES 1 through 10, inclusive, Defendant.
ROBERT S. CHAPMAN (State Bar No. 70428) GREGORY P. BARCHIE (State Bar No. 235022) SAUER & WAGNER LLP Attorneys for Plaintiff KFT Enterprises, No. 1 L.P.
Complaint filed: November 16, 2022
ROBERT S. CHAPMAN (State Bar No. 70428) GREGORY P. BARCHIE (State Bar No. 235022) SAUER & WAGNER LLP Attorneys for Plaintiff KFT Enterprises, No. 1 L.P.
Hon. Richard Stone
JUDGMENT
MICHAEL W. FITZGERALD UNITED STATES DISTRICT JUDGE
Pursuant to Defendant Albertson's LLC's (“Defendant”) December 14, 2024 Offer of Judgment Pursuant to California Code of Civil Procedure Section 998, and Plaintiff KFT ENTERPRISES, NO. 1 L.P.'s (“Plaintiff') January 10, 2024 acceptance of the offer, and good cause appearing, the Court hereby enters judgment as follows:
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. Plaintiff shall have Judgment in favor of Plaintiff and against Defendant in the sum of $3 million, inclusive of all damages and interest;
2. Plaintiff shall recover its costs of suit and reasonable attorney's fees as the prevailing party in the action, in an amount awarded by the Judicial Referee on Plaintiff s motion;
3. Defendant paid Plaintiff $2,000,000 on May 30, 2023 (the “$2 Million Payment”), which payment shall be applied to the Judgment and shall reduce the amount of the Judgment by $2,000,000.
4. With respect to the $2 Million Payment, Defendant previously reserved its rights with respect to a portion of the $2 Million Payment (the “Reservation”). With this Judgment, Defendant releases the Reservation in its entirety.
5. Plaintiff shall recover no further relief, legal or equitable, with respect to its Complaint.