Judge: Thomas D. Long, Case: 21STCV26919, Date: 2024-07-02 Tentative Ruling

Case Number: 21STCV26919    Hearing Date: July 2, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 21, 2021, Plaintiff Westchester Fire Insurance Company filed this action against Defendants Michael Schrage and Leonard Schrage.

On September 25, 2023, Plaintiff filed a motion for summary judgment.

LEGAL STANDARD

A plaintiff moving for summary adjudication must satisfy the initial burden of proof by proving each element of a cause of action.  (Code Civ. Proc., § 437c, subd. (p)(1).)  That includes damages when damages are an element.  (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241.)  Then the burden shifts to the defendant to show that a triable issue of material fact exists as to the cause of action or a defense.  (Code Civ. Proc., § 437c, subd. (p)(2).)  To establish a triable issue of material fact, the party opposing the motion must produce “substantial responsive evidence.”  (Sangster v. Paetkau (1998) 68 Cal.App.4th 151, 162-163.)

DISCUSSION

The Complaint alleges (1) breach of contract, (2) money paid, and (3) express indemnity, arising from Defendants’ breach of an Indemnity Agreement after Plaintiff issued surety bonds.

All of the facts and evidence are undisputed.

On May 29, 2012, Michael executed a written Indemnity Agreement in favor of Plaintiff.  (Undisputed Material Fact “UMF” 1; see UMF 4.)  On October 16, 2014, Leonard executed a written addendum to the Indemnity Agreement, whereby he requested to be added to the Indemnity Agreement and agreed to be bound by all the terms and conditions of the Indemnity Agreement, which otherwise remained unchanged and in full force and effect.  (UMF 2.)

Plaintiff issued certain Dealer Surety Bonds on behalf of car dealerships that were covered by the Indemnity Agreement.  (UMF 3.)  Plaintiff later received claims against the bonds, and it incurred losses, legal expenses, and costs in the total amount of $187,390.60.  (UMF 5-11.)  Under the Indemnity Agreement, Defendants are obligated to indemnify Plaintiff for this amount.  (UMF 11; see UMF 4.)

Defendants did not file any oppositions to the motion, so there are no triable issues of material fact about Plaintiff’s claims or Defendants’ defenses.  (See Code Civ. Proc., § 437c, subd. (p)(2).)

CONCLUSION

The motion for summary judgment is GRANTED.  Plaintiff is ordered to submit a proposed judgment within five days.

A Non-Appearance Case Review Re: Submission of Proposed Judgment is scheduled for July 10, 2024 at 9:00 a.m.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 2nd day of July 2024