Judge: Peter A. Hernandez, Case: 22PSCV01241, Date: 2024-06-06 Tentative Ruling

Case Number: 22PSCV01241    Hearing Date: June 6, 2024    Dept: K

Plaintiff American Contractors Indemnity Company’s Application for Default Judgment is

GRANTED; however, attorney’s fees are reduced from $2,245.45 to $2,224.46, in

compliance with Local Rule 3.214.

Background   

Plaintiff American Contractors Indemnity Company (“ACIC”) alleges as follows:

ACIC is a surety company. On or about December 11, 2014, E L Engineering Corp aka E L Plumbing & Rooter aka E L Plumbing aka E.L. Engineering Plumbing and Rooter aka E L Plumbing—Rooter (“E L Engineering”), Enrique Lopez aka Enrique A. Lopez (“Lopez”), Maria Rodriguez aka Maria C. Rodriguez aka Marie Rodriguez aka Maria Del Carmen aka Maria Del Carmen Rodriguez (“Rodriguez”) and Elias Castro aka Elias D. Castro (“Castro”) (collectively, “Indemnitors”) executed a general indemnity agreement (the “GIA”) in favor of ACIC. ACIC then issued Public Works Payment and Performance Surety Bond No. 1001096845 in the amount of $191,510.00 (the “Bond”), which named E L engineering as principal and the Ontario International Airport Administration Offices as obligee. Claims were made on the Bond which ACIC paid out on in an amount totaling $84,463.55. ACIC also incurred attorneys’ and consultants’ fees, costs and expenses as a consequence of its issuance of the Bond. ACIC has demanded reimbursement from the Indemnitors, but have only received payments totaling $12,600.00.

On October 12, 2022, ACIC filed a complaint, asserting causes of action against Indemnitors and Does 1-50 for:

1.                  Breach of Contract

2.                  Statutory Indemnity

3.                  Declaratory Relief

On December 13, 2022, E L Enginering’s and Lopez’s defaults were entered.

On September 11, 2023, Rodriguez filed a “Notice of Stay of Proceedings,” advising therein of her Chapter 7 bankruptcy filing.

On November 20, 2023, ACIC dismissed Rodriguez, without prejudice.

On April 29, 2024, “Judgment Pursuant to Stipulation in Favor of Plaintiff American Contractors Indemnity Company and Against Defendant Elias Castro” was entered.

A Case Management Conference and Status Conference Re: Default Judgment as to EL Engineering and Lopez are set for June 6, 2024.

Discussion

Plaintiff’s Application for Default Judgment is granted; however, attorney’s fees are reduced from $2,245.45 to $2,224.46, in compliance with Local Rule 3.214 (i.e., $1,890 plus 2% of $16,722.98).