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Western Insurance Co. v. Frontier Homes, LLC, : 5:17-cv-2181-R-(MRWx). (2018)

Court: District Court, C.D. California Number: infdco20190108532 Visitors: 8
Filed: Dec. 28, 2018
Latest Update: Dec. 28, 2018
Summary: JUDGMENT MANUEL L. REAL , District Judge . Following full consideration of the Motions for Summary Judgment or Partial Summary Judgment filed by both Plaintiffs and Defendants, including the briefs, declarations, and other evidence offered in support thereof and in opposition thereto; and pursuant to the Order Granting Plaintiff's Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment issued by the Court on December 10, 2018 (Doc. 78), IT IS HEREBY ORDERED, ADJUDGE
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JUDGMENT

Following full consideration of the Motions for Summary Judgment or Partial Summary Judgment filed by both Plaintiffs and Defendants, including the briefs, declarations, and other evidence offered in support thereof and in opposition thereto; and pursuant to the Order Granting Plaintiff's Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment issued by the Court on December 10, 2018 (Doc. 78),

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

1. Plaintiff's Motion for Summary Judgment with respect to Plaintiff's Second Cause of Action for Breach of Contract is GRANTED. 2. Plaintiff shall recover from all Defendants, and each of them, as the joint and several obligation of Defendants, to wit: Frontier Homes, LLC Sorrento Hills, LLC Falcon Pointe, LLC James L. Previti FH Construction Management Frontier Homebuilders, Inc. (erroneously sued as Frontier Homes Builders) 3. Plaintiff shall recover the following items as prayed for in its Complaint, but after applying applicable credits: a. For approved NODs, the amount of $1,923,786.84; plus b. For pre-judgment interest thereon at the rate of 10% per annum from November 11, 2015 through December 14, 2018, totaling $594,529.19; plus c. For recoverable costs of suit, in an amount to be determined. 4. All remaining causes of action asserted by Plaintiff are moot. 5. Defendants' Motion for Summary Judgment or, in the Alternative, Partial Judgment, is denied.

IT IS SO ORDERED AND ADJUDGED.

Source:  Leagle

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