Opinion
8:23-cv-01016-KK (ADSx)
07-10-2024
Complaint filed: June 9, 2023
Autumn D. Spaeth, Magistrate Judge
AMENDED JUDGMENT
The Hon. Kenly Kiya Kato, United States District Judge
This action came before the Court, The Hon. Kenly Kiya Kato, District Judge Presiding, on a Motion for Summary Judgment, and the evidence presented having been fully considered, the issues having been duly heard and a decision having been duly rendered, IT IS ORDERED AND ADJUDGED that the judgment be entered in favor of Plaintiff Mount Vernon Fire Insurance Company against Defendant The Kelemen Company Inc.; Defendant Tibor Kelemen; The Kelemen Family Trust UDT dated July 26, 2013; and Tibor Kelemen, Trustee of The Kelemen Family Trust UDT dated July 26, 2013 (collectively, the “Judgment Debtors”).
Additionally, Plaintiff may withdraw from its defense of Defendants in the underlying actions entitled, Araceli Ramirez v. The Kelemen Company, et al., OCSC Case No. 30-2022-01259089-CU-WT-CJC and Eric Grimes v. The Kelemen Company, et al., OCSC Case No. 30-2022-01259-060-CU-WT-CJC (collectively, the “Underlying Actions”), and shall recover from Judgment Debtors reimbursement for the full amount of attorney's fees and costs incurred by Plaintiff in representing Defendants in the Underlying Actions, in the amount of $214,425.07, plus the additional attorney's fees and costs of $107,206.03 incurred by Plaintiff in the Underlying Actions since the date of filing of its Motion for Summary Judgment, for a total of $321,631.10.
Plaintiff shall further recover its costs in this action. Pursuant to L.R. 54-2, “[t]o request that any allowable costs be taxed, a prevailing party entitled to costs under F.R.Civ.P. 54(d)(1) must file an Application to the Clerk to Tax Costs as required by L.R. 54-2.1.”