This case was last updated from Los Angeles County Superior Courts on 11/21/2021 at 01:17:41 (UTC).

AMERICAN CONTRACTORS INDEMNITY COMPANY, A CALIFORNIA CORPORATION VS FRANK A. GARCIA

Case Summary

On 04/07/2020 AMERICAN CONTRACTORS INDEMNITY COMPANY, A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against FRANK A GARCIA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3121

  • Filing Date:

    04/07/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

AMERICAN CONTRACTORS INDEMNITY COMPANY A CALIFORNIA CORPORATION

Defendant

GARCIA FRANK A.

Attorney/Law Firm Details

Plaintiff Attorney

STEVENSON TRACY

 

Court Documents

Declaration (name extension) - Declaration DECLARATION OF TRACY A. STEVENSON IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION

11/5/2020: Declaration (name extension) - Declaration DECLARATION OF TRACY A. STEVENSON IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION

Request for Judicial Notice - Request for Judicial Notice

11/5/2020: Request for Judicial Notice - Request for Judicial Notice

Separate Statement - Separate Statement

11/5/2020: Separate Statement - Separate Statement

Proof of Service by Mail - Proof of Service by Mail

11/5/2020: Proof of Service by Mail - Proof of Service by Mail

Motion for Summary Judgment - Motion for Summary Judgment

11/5/2020: Motion for Summary Judgment - Motion for Summary Judgment

Declaration (name extension) - Declaration DECLARATION OF SUZANNE BACIOCCO IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION

11/5/2020: Declaration (name extension) - Declaration DECLARATION OF SUZANNE BACIOCCO IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION

Minute Order - Minute Order (Hearing on Motion for Summary Judgment)

1/28/2021: Minute Order - Minute Order (Hearing on Motion for Summary Judgment)

Judgment - Judgment Summary

2/2/2021: Judgment - Judgment Summary

Notice of Ruling - Notice of Ruling

2/2/2021: Notice of Ruling - Notice of Ruling

Notice (name extension) - Notice Notice of Entry of Judgment or Order

3/5/2021: Notice (name extension) - Notice Notice of Entry of Judgment or Order

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

3/5/2021: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

3/9/2021: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Answer - Answer

6/16/2020: Answer - Answer

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

6/17/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Proof of Service by Mail - Proof of Service by Mail

6/17/2020: Proof of Service by Mail - Proof of Service by Mail

Proof of Personal Service - Proof of Personal Service

4/14/2020: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

4/7/2020: Summons - Summons on Complaint

Complaint - Complaint

4/7/2020: Complaint - Complaint

9 More Documents Available

 

Docket Entries

  • 03/09/2021
  • DocketAbstract of Judgment - Civil and Small Claims; Issued by: American Contractors Indemnity Company, a California corporation (Plaintiff)

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  • 03/05/2021
  • DocketMemorandum of Costs (Summary); Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Frank A. Garcia (Defendant); Total Costs: 1010.46

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  • 03/05/2021
  • DocketNotice Notice of Entry of Judgment or Order; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Frank A. Garcia (Defendant)

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  • 03/03/2021
  • DocketNon-Jury Trial scheduled for 10/05/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 03/03/2021

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  • 03/03/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/11/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 03/03/2021

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  • 02/02/2021
  • DocketNotice of Ruling; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff)

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  • 02/02/2021
  • DocketCourt orders judgment entered for Plaintiff American Contractors Indemnity Company, a California corporation against Defendant Frank A. Garcia on the Complaint filed by American Contractors Indemnity Company, a California corporation on 04/07/2020 for the principal amount of $13,500.00 and interest of $6,283.97 for a total of $19,783.97.

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  • 01/28/2021
  • DocketUpdated -- Motion for Summary Judgment: Filed By: American Contractors Indemnity Company, a California corporation (Plaintiff); Result: Granted; Result Date: 01/28/2021

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  • 01/28/2021
  • DocketMinute Order (Hearing on Motion for Summary Judgment)

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  • 01/28/2021
  • DocketHearing on Motion for Summary Judgment scheduled for 01/28/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/28/2021; Result Type to Held - Motion Granted

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10 More Docket Entries
  • 06/16/2020
  • DocketRequest to Waive Court Fees; Filed by: Frank A. Garcia (Defendant)

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  • 04/14/2020
  • DocketProof of Personal Service; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); Service Date: 04/11/2020; Service Cost Waived: No

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  • 04/07/2020
  • DocketNon-Jury Trial scheduled for 10/05/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/07/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/11/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/07/2020
  • DocketComplaint; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Frank A. Garcia (Defendant)

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  • 04/07/2020
  • DocketCivil Case Cover Sheet; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Frank A. Garcia (Defendant)

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  • 04/07/2020
  • DocketSummons on Complaint; Issued and Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Frank A. Garcia (Defendant)

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  • 04/07/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/07/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/07/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03121    Hearing Date: January 28, 2021    Dept: 26

ACIC v. Garcia, et al.

MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION

(CCP § 437c)

TENTATIVE RULING:

Plaintiff American Contractors Indemnity Company’s Motion for Summary Judgment is GRANTED.

ANALYSIS:

On April 7, 2020, Plaintiff American Contractors Indemnity Company (“Plaintiff”) filed the instant action for breach of indemnity agreement against Defendant Frank A. Garcia (“Defendant”), based on his purported breach of a general indemnity agreement signed pursuant to Contract Bond No. SC927762 issued to Frank A Garcia Construction (Compl., ¶¶3-5 and Exh. A.) Defendant filed an Answer on June 16, 2020.

On November 5, 2020, Plaintiff filed the instant Motion for Summary Judgment. To date, no opposition has been filed.

Request for Judicial Notice

Plaintiff requests that the court take judicial notice of (1) the Complaint for breach of contract and common counts filed April 7, 2020; (2) Defendant’s Answer to the Complaint filed June 16, 2020. The request is granted. (See Cal. Evid. Code § 452(d); Board of Pilot Commissioners v. Superior Court (2013) 218 Cal.App.4th 577, 597; see Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 193.)

Plaintiff’s Initial Burden of Proof

In support of its Motion for Summary Judgment, Plaintiff presents the following undisputed facts regarding the indemnity agreement and breach of the same. On August 4, 2010, the parties executed a Contractors License Bond Application and Indemnity Agreement pursuant to which Plaintiff renewed Bond No. SC927762 (“the Bond”) naming Frank A. Garcia Construction as principal and Plaintiff as surety. (Motion, Separate Statement, Fact No. 1; Vreeland Decl., Exh. 1.) Defendant admitted to signing the Indemnity Agreement. (Motion, Separate Statement, Fact No. 2; Stevenson Decl., Exhs. 2-3.)

Pursuant to the indemnity agreement, Defendant agreed to indemnify Plaintiff upon demand for all payments made for and to indemnify Surety from: a) all loss, contingent loss, liability and contingent liability, claim, expense, including attorney’s fees, for which Surety shall become liable or shall become

contingently liable by reason of such suretyship.” (Motion, Separate Statement, Fact No. 6; Baciocco Decl., Exh. 1.) In December 2015, Plaintiff received a claim against the Bond based on Frank A. Garcia Construction’s poor workmanship and abandonment of a project. (Motion, Separate Statement, Fact No. 8; Baciocco Decl., ¶9.) On December 29, 2015, Plaintiff gave Frank A. Garcia Construction notice of the claim and an opportunity to dispute it. (Motion, Separate Statement, Fact No. 9; Baciocco Decl., ¶10 and Exh. 4.) Plaintiff retained an independent consultant to review the work performed by Frank A. Garcia Construction for the claimants. (Motion, Separate Statement, Fact No. 10; Baciocco Decl., ¶11 and Exh. 5.) The consultant determined that estimated cost to repair the defective work was $33,859.00 and charged Plaintiff $1,000.00 for its report, which Plaintiff paid. (Motion, Separate Statement, Fact Nos. 10-11; Baciocco Decl., ¶¶11-12 and Exhs. 5-6.)

In response, Defendant disputed the claim but offered no proof to deny it. (Motion, Separate Statement, Fact No. 12; Baciocco Decl., ¶13.) Plaintiff paid the claimants $12,500.00 under the Bond and sent demand to Defendant for indemnity under the agreement in the amount of $13,500.00. (Motion, Separate Statement, Fact Nos. 13-18; Baciocco Decl., ¶¶14-19 and Exhs. 7-10.) Despite Plaintiff’s repeated requests for reimbursement, Defendant has not paid under the agreement. (Motion, Separate Statement, Fact Nos. 19-25; Baciocco Decl., ¶¶20-25 and Exhs. 11-14; Stevenson Decl., Exhs. 2-3.)

As a result of Defendant’s failure to reimburse, exonerate and indemnify Plaintiff from and against liability for the aforementioned claim, and for any of the losses Plaintiff has incurred as a result of issuing the Bond, Plaintiff has incurred damages of $13,500.00 principal, plus interest, attorney’s fees and costs. (Motion, Separate Statement, Fact Nos. 28, 31; Stevenson Decl., ¶9 and Exh. 17.; Baciocco Decl., ¶27.)

This evidence carries Plaintiff’s initial burden of proof as to its claim for breach of contract against Defendant. Plaintiff has demonstrated the existence of an indemnity agreement between itself and Defendant, Defendant’s breach and Plaintiff’s resulting damages. The burden now shifts to Defendant to demonstrate that a triable issue of material fact exists as to Plaintiff’s claims. As Defendant has not opposed the instant motion, however, the Court finds no such triable issue of material facts.

Conclusion

Plaintiff American Contractors Indemnity Company’s Motion for Summary Judgment is GRANTED.

Moving party to give notice.

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