This case was last updated from Los Angeles County Superior Courts on 08/14/2020 at 03:23:52 (UTC).

AMERICAN CONTRACTORS INDEMNITY COMPANY, A CALIFORNIA CORPORATION VS NEWPORT CONSTRUCTION INC., A CALIFORNIA CORPORATION, ET AL.

Case Summary

On 02/13/2019 AMERICAN CONTRACTORS INDEMNITY COMPANY, A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against NEWPORT CONSTRUCTION INC , A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1581

  • Filing Date:

    02/13/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

AMERICAN CONTRACTORS INDEMNITY COMPANY A CALIFORNIA CORPORATION

Defendants

NEWPORT CONSTRUCTION INC. A CALIFORNIA CORPORATION

MOJAVER MICHAEL MANSOUR AKA MICHAEL MOJAVER

ESKANDANI FARNAZ

Attorney/Law Firm Details

Plaintiff Attorney

STEVENSON TRACY

 

Court Documents

Declaration (name extension) - Declaration of Stephanie Vreeland in Support of Motion for Summary Judgment

9/24/2019: Declaration (name extension) - Declaration of Stephanie Vreeland in Support of Motion for Summary Judgment

Proof of Service by Mail - Proof of Service by Mail

9/24/2019: Proof of Service by Mail - Proof of Service by Mail

Declaration (name extension) - Declaration of Tracy A. Stevenson in Support of Motion for Summary Judgment

9/24/2019: Declaration (name extension) - Declaration of Tracy A. Stevenson in Support of Motion for Summary Judgment

Motion for Summary Judgment - Motion for Summary Judgment

9/24/2019: Motion for Summary Judgment - Motion for Summary Judgment

Exhibit List - Exhibit List

9/24/2019: Exhibit List - Exhibit List

Separate Statement - Separate Statement

9/24/2019: Separate Statement - Separate Statement

Request for Judicial Notice - Request for Judicial Notice

9/24/2019: Request for Judicial Notice - Request for Judicial Notice

Proof of Service by Mail - Proof of Service by Mail

9/25/2019: Proof of Service by Mail - Proof of Service by Mail

Request for Dismissal - Request for Dismissal

3/18/2020: Request for Dismissal - Request for Dismissal

Stipulation and Order (name extension) - Stipulation and Order Stipulation and Order to Vacate Judgement and Dismiss Entire Action with Prejudice

4/2/2020: Stipulation and Order (name extension) - Stipulation and Order Stipulation and Order to Vacate Judgement and Dismiss Entire Action with Prejudice

Proof of Service by Mail - Proof of Service by Mail

4/24/2019: Proof of Service by Mail - Proof of Service by Mail

Proof of Personal Service - Proof of Personal Service

4/4/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/4/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/4/2019: Proof of Personal Service - Proof of Personal Service

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

2/13/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

2/13/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

2/13/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

2/13/2019: First Amended Standing Order - First Amended Standing Order

11 More Documents Available

 

Docket Entries

  • 04/02/2020
  • DocketStipulation and Order Stipulation and Order to Vacate Judgement and Dismiss Entire Action with Prejudice; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); Newport Construction Inc., a California corporation (Defendant); Michael Mansour Mojaver (Defendant); Farnaz Eskandani (Defendant); As to: Newport Construction Inc., a California corporation (Defendant); Michael Mansour Mojaver (Defendant); Farnaz Eskandani (Defendant)

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  • 04/02/2020
  • DocketUpdated -- Stipulation and Order Stipulation and Order to Vacate Judgement and Dismiss Entire Action with Prejudice: Status changed from Filed to Signed and Filed

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  • 04/02/2020
  • DocketOn the Complaint filed by American Contractors Indemnity Company, a California corporation on 02/13/2019, entered Order for Dismissal with prejudice as to the entire action

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  • 03/25/2020
  • DocketUpdated -- Request for Dismissal Not Entered: Name Extension: Not Entered; As To Parties changed from Newport Construction Inc., a California corporation (Defendant), Farnaz Eskandani (Defendant), Michael Mansour Mojaver (Defendant) to Newport Construction Inc., a California corporation (Defendant), Farnaz Eskandani (Defendant), Michael Mansour Mojaver (Defendant)

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  • 03/25/2020
  • DocketAddress for Tracy Stevenson (Attorney) updated

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  • 03/03/2020
  • DocketJudgment Summary; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Newport Construction Inc., a California corporation (Defendant); Michael Mansour Mojaver (Defendant); Farnaz Eskandani (Defendant)

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  • 03/03/2020
  • DocketUpdated -- Judgment Summary: Status changed from Filed to Signed and Filed

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  • 03/03/2020
  • DocketUpdated -- Judgment amended on 03/03/2020 ; Status Date changed from 01/07/2020 to 03/03/2020 ; Status changed from Not Entered (pending submission of proposed judgment) to Amended

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  • 01/24/2020
  • DocketNon-Appearance Case Review Re: Status of Submission of Proposed Judgment scheduled for 02/27/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/24/2020

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  • 01/08/2020
  • DocketNotice of Ruling ON ACIC'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE SUMMARY ADJUDICATION; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff)

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20 More Docket Entries
  • 04/04/2019
  • DocketProof of Personal Service; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Newport Construction Inc., a California corporation (Defendant); Service Date: 03/26/2019; Service Cost: 40.00; Service Cost Waived: No

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  • 04/04/2019
  • DocketProof of Personal Service; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Michael Mansour Mojaver (Defendant); Service Date: 03/26/2019; Service Cost: 40.00; Service Cost Waived: No

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  • 02/15/2019
  • DocketNon-Jury Trial scheduled for 08/12/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/15/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/16/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/15/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 02/13/2019
  • DocketComplaint; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Newport Construction Inc., a California corporation (Defendant); Michael Mansour Mojaver (Defendant); Farnaz Eskandani (Defendant)

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  • 02/13/2019
  • DocketCivil Case Cover Sheet; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Newport Construction Inc., a California corporation (Defendant); Michael Mansour Mojaver (Defendant); Farnaz Eskandani (Defendant)

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  • 02/13/2019
  • DocketSummons on Complaint; Issued and Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Newport Construction Inc., a California corporation (Defendant); Michael Mansour Mojaver (Defendant); Farnaz Eskandani (Defendant)

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  • 02/13/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/13/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC01581    Hearing Date: January 07, 2020    Dept: 94

MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION

(CCP § 437c) 

TENTATIVE RULING:

Plaintiff American Contractors Indemnity Company’s Motion for Summary Judgment, or in the alternative, Summary Adjudication, is GRANTED.

REQUEST FOR RELIEF: Grant Plaintiff summary judgment, or alternatively, summary adjudication on the grounds that there are no disputed facts as to Defendant’s liability for indemnity on the construction bond.

OPPOSITION: None filed as of December 19, 2019. 

REPLY: None filed as of December 19, 2019.

Discussion

Plaintiff American Contractors Indemnity Company (“Plaintiff”) filed the instant action for breach of indemnity agreement, statutory indemnity, and common counts against Defendants Newport Construction, Inc., Michael Mansour Mojaver aka Michael Mojaver, and Farnaz Eskandani (“Defendants”), based on their purported breach of a general indemnity agreement signed pursuant to the issuance of a Contract Bond, No. 100270231, issued to Newport Construction. Defendants filed an Answer on April 24, 2019.

On September 24, 2019, Plaintiff filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication. 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 February 13, 2019; (2) Defendants’ Answer to the Complaint filed April 24, 2019; (3) Plaintiff’s Requests for Admissions to Newport Construction Inc., Set One served May 15, 2019; (4) Plaintiff’s Requests for Admissions to Michael Mansour Mojaver aka Michael Mojaver, Set One served May 15, 2019; (5) Plaintiff’s Requests for Admissions to Famaz Eskandani, Set One served May 15, 2019; and (6) Defendants’ Response to ACIC’s Request for Admission (Revised), Set One dated June 26, 2019. 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.)

Request for Summary Judgment, or in the alternative, Summary Adjudication

In support of its Motion for Summary Judgment, or in the alternative, Summary Adjudication, Plaintiff presents the following undisputed facts regarding the indemnity agreement and breach of the same. On March 4, 2015, Plaintiff issued and executed a Subcontract Labor and Material Payment, Bond No. 100270231 (“the Bond”), in the penal sum of $103,606.00, naming Defendant Newport Construction as principal and Icon-West, Inc. (“Icon-West”) as oblige. (Motion, Separate Statement of Facts No. 1; Vreeland Decl., Exh. 1.) The Bond makes Plaintiff responsible for payment of all labor and materials in connection with ceramic tile work to be performed for the UCLA – Saxon Suites Renovation (“the Project”). (Motion, Separate Statement of Facts Nos. 1-2; Vreeland Decl., Exh. 1.) In exchange, Defendants entered into an indemnity agreement with Plaintiff as surety. (Motion, Separate Statement of Facts No. 3; Vreeland Decl., Exh. 2.)

Pursuant to the indemnity agreement, Defendants agreed to indemnify Plaintiff against “any and all demands, liabilities, losses, costs, damages, attorneys’ fees and expenses, investigative fees and expenses,” that arise in connection with the Bond. (Motion, Separate Statement of Facts No. 5; Vreeland Decl., Exh. 2.) On January 9, 2017, Plaintiff received notice that a Civil Wage and Penalty had been assessed by the California Labor Commissioner against Defendant Newport Construction for failure to pay the correct prevailing wage to employees. (Motion, Separate Statement of Facts No. 8; Vreeland Decl., Exh. 3.) Wages were owed in the amount of $6,986.80 and a penalty was assessed in the amount for $4,205.00. (Motion, Separate Statement of Facts No. 8; Vreeland Decl., Exh. 3.) Icon-West was included in the Civil Wage and Penalty Assessment as the general contractor on the Project. (Motion, Separate Statement of Facts No. 8; Vreeland Decl., Exh. 3.)

On January 3, 2018, Plaintiff made a final demand to Defendants to resolve the claim and warning that failure to do so might result in Plaintiff settling directly with the Department of Industrial Relations. (Motion, Separate Statement of Facts No. 12; Vreeland Decl., Exh. 5.) Defendants responded but did not resolve the claim or provide evidence to disprove it. (Motion, Separate Statement of Facts No. 12; Vreeland Decl., Exh. 5.) Following Defendant’s failure to pay the Assessment within 60 days, the California Labor Commissioner became entitled to collect liquidated damages. (Motion, Separate Statement of Facts No. 13; Vreeland Decl., ¶16.) Plaintiff was able to negotiate a reduced settlement in the amount of $11,251.62, which it paid on February 22, 2018. (Motion, Separate Statement of Facts No. 14; Vreeland Decl., Exh. 6.)

On June 11, 2018, Plaintiff reminded Defendants of their obligation under the indemnity agreement and requested reimbursement of the $11,251.62 paid on the claim. (Motion, Separate Statement of Facts No. 15; Vreeland Decl., Exh. 7.) Following Defendants’ failure to respond, Plaintiff filed the instant action on February 13, 2019. (Motion, Separate Statement of Facts No. 16; Stevenson Decl., Exh. 8.) In responding to Plaintiff’s Request for Admission, Defendants admitted that they each entered into the indemnity agreement in exchange for issuance of the Bond, the copy of the Assessment attached is a true and correct copy, and the copy of the June 11, 2018 demand letter is a true and correct copy. (Motion, Separate Statement of Facts No. 19; Stevenson Decl., Exh. 13; RJN, Exhs. 1-6.) As a result of Defendants’ failure to reimburse, exonerate and indemnify Plaintiff from and against liability for the Claim, and for any of the losses Plaintiff has incurred as a result of issuing the Bond, Plaintiff has incurred damages of $11,251.62 principal, $2,108.52 interest, attorney’s fees and costs. (Motion, Separate Statement of Facts Nos. 21-22; Vreeland Decl., ¶20; Stevenson Decl., ¶¶7-8 and Exh. 14.)

This evidence carries Plaintiff’s initial burden of proof as to its claims for breach of contract, statutory indemnity, and common counts against Defendants. Plaintiff has demonstrated the existence of an indemnity agreement between itself and Defendants, Defendants’ breach and Plaintiff’s resulting damages. The burden now shifts to Defendants to demonstrate that a triable issue of material fact exists as to Plaintiff’s claims. As Defendants have not opposed the instant motion, however, they have failed to demonstrate the existence of any triable issue of material fact. Therefore, Plaintiff’s Motion For Summary Judgment, or in the Alterative, Summary Adjudication, is GRANTED.  

Moving party to give notice.