SCOTTSDALE INSURANCE COMPANY v. RAMIREZ, 2:17-cv-02855-JFW (FFMx). (2017)
Court: District Court, C.D. California
Number: infdco20170926593
Visitors: 10
Filed: Sep. 25, 2017
Latest Update: Sep. 25, 2017
Summary: SUMMARY JUDGMENT AGAINST MGR DESIGN INTERNATIONAL JOHN F. WALTER , District Judge . After consideration of Scottsdale Insurance Company's ("Scottsdale") Motion for Summary Judgment Against MGR Design International, Inc. ("MGR") and evidence in support thereof, the lack of opposition to the Motion by MGR and notice filed by Scottsdale that MGR does not intend to file papers in opposition to Scottsdale's Motion for Summary Judgment, this Court orders summary judgment in favor of Scottsdale an
Summary: SUMMARY JUDGMENT AGAINST MGR DESIGN INTERNATIONAL JOHN F. WALTER , District Judge . After consideration of Scottsdale Insurance Company's ("Scottsdale") Motion for Summary Judgment Against MGR Design International, Inc. ("MGR") and evidence in support thereof, the lack of opposition to the Motion by MGR and notice filed by Scottsdale that MGR does not intend to file papers in opposition to Scottsdale's Motion for Summary Judgment, this Court orders summary judgment in favor of Scottsdale and..
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SUMMARY JUDGMENT AGAINST MGR DESIGN INTERNATIONAL
JOHN F. WALTER, District Judge.
After consideration of Scottsdale Insurance Company's ("Scottsdale") Motion for Summary Judgment Against MGR Design International, Inc. ("MGR") and evidence in support thereof, the lack of opposition to the Motion by MGR and notice filed by Scottsdale that MGR does not intend to file papers in opposition to Scottsdale's Motion for Summary Judgment, this Court orders summary judgment in favor of Scottsdale and against defendant MGR.
With respect to the first cause of action for rescission, the Court rules and judges that the Commercial General Liability Insurance Policy No. CPS1734059, effective May 23, 2013, to May 23, 2014, issued by Scottsdale to "Ramirez Labor Management" (the "Scottsdale Policy") is rescinded and, is thus void ab initio as if it never existed. The Court specifically finds that rescission of the Scottsdale Policy terminates MGR's potential rights and obligations under the Scottsdale Policy as an additional insured.
With respect the second cause of action for declaratory relief, the Court rules and declares that Scottsdale is not obligated to defend or indemnify MGR in an underlying lawsuit titled Olga Banuelos v. MGR Design International, pending in the Superior Court of the State of California, County of Ventura, Case No. 56-2015-00474658-CU-PO-VTA.
IT IS SO ORDERED.
Source: Leagle
