Clear Channel Outdoor, Inc. v. Erkelens, No. 4:2007cv06138 - Document 111 (N.D. Cal. 2009)

Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION, entered in favor Plaintiff Clear Channel Outdoor, Inc.. Defendant Linda Erkelens shall pay Clear Clear Channel damages of $5,677.34 and interest in the amount of 10 percent per annum from 07/29/2007 to da te of entry of this Judgment. Clear Channel to recover costs. Cost Bill shall be filed within (14) fourteen-days of entry of this Judgment. ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 9/14/09. (lrc, COURT STAFF) (Filed on 9/15/2009) Modified on 9/16/2009 (jlm, COURT STAFF).

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Clear Channel Outdoor, Inc. v. Erkelens 1 2 3 4 5 Doc. 111 Scott D. Baker (SBN 84923) Email: sbaker@reedsmith.com James A. Daire (SBN 239637) Email: jdaire@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: Facsimile: +1 415 543 8700 +1 415 391 8269 6 7 Attorneys for Plaintiff Clear Channel Outdoor, Inc. 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 CLEAR CHANNEL OUTDOOR, INC., a Delaware Corporation, Plaintiff, 13 14 15 16 Case No.: C 07-06138 SBA (JL) FINAL JUDGMENT IN FAVOR OF CLEAR CHANNEL OUTDOOR, INC. vs. LINDA ERKELENS, an individual, Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: C 07-06138 SBA US_ACTIVE-100799399.1 [PROPOSED] FINAL JUDGMENT IN FAVOR OF CLEAR CHANNEL OUTDOOR, INC. Dockets.Justia.com 1 For the reasons stated in this Court’s Orders granting Plaintiff Clear Channel Outdoor, Inc.’s 2 (“Clear Channel”) Motion for Summary Judgment [Docket No. 85] and Re Damages [Docket No. 3 109], which the Court incorporates by this reference, and pursuant to Federal Rule of Civil 4 Procedure 58(a), the Court hereby enters final judgment in favor of Clear Channel and against 5 Defendant Linda Erkelens (“Erkelens”). 6 7 8 (1) The Court finds that Erkelens is liable for breach of contract and conversion, and that Clear Channel is entitled to the declaratory judgment set forth below. 9 10 (2) The Court enters a declaratory judgment that: (a) Clear Channel is the sole owner of 11 the sign and structure on the wall of the building at 1801 Turk Street (the “Property”); (b) Clear 12 Channel is entitled to all rights under the parties’ lease “for the purpose of erecting and maintaining 13 advertising signs” at the Property (the “Lease”) until legally terminated; (c) Clear Channel has the 14 right to remove its sign and structure from the Property whether before or after expiration of the 15 Lease; (d) Clear Channel has the right to obtain permits necessary for the removal of its sign and 16 structure from the Property; and (e) Erkelens has materially breached the Lease, repudiated her 17 obligations thereunder, and has wrongfully exercised, or purported to exercise, control over Clear 18 Channel’s sign and its structure. 19 20 (3) The Court enters a permanent injunction prohibiting Erkelens, her officers, directors, 21 principals, agents, servants, employees, successors and assigns, and all other persons in active 22 concert, privity or in participation with Erkelens, jointly and severally, from: (a) continuing to deny 23 Clear Channel the right to remove its sign or structure from the Property; (b) taking possession of, or 24 making use of, Clear Channel’s sign or structure for her own benefit, or from undertaking any act 25 designed to deprive Clear Channel of its ownership and/or possessory rights in the sign or structure; 26 (c) committing any further acts of conversion or trespass to chattel with respect to Clear Channel’s 27 sign or structure; (d) altering, destroying, or removing all or any part of the sign or structure; and/or 28 Case No.: C 07-06138 SBA US_ACTIVE-100799399.1 [PROPOSED] FINAL JUDGMENT IN FAVOR OF CLEAR CHANNEL OUTDOOR, INC. 1 (e) denying Clear Channel access to the sign or structure by way of ingress and egress to the wall, 2 sign, or structure. 3 (4) 4 Erkelens shall pay to Clear Channel damages of: (a) $5,677.34, representing 5 consequential damages as a result of her breach of contract and conversion, and (b) prejudgment 6 interest thereon in the amount of 10% per annum from July 26, 2007 to date of entry of this 7 Judgment.1 (As of September 9, 2009, the amount of recoverable prejudgment interest is $1207). 8 (5) 9 10 As the prevailing party, Clear Channel is entitled to recover its costs. The cost bill shall be filed within 14 days of entry of this Judgment pursuant to Civil Local Rule 54-1. 11 IT IS SO ORDERED, ADJUDICATED AND DECREED. 12 13 DATED: 9/14/09 14 15 HONORABLE SAUNDRA B. ARMSTRONG UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 1 As set forth in the Court’s previous Orders, Erkelens breached the contract no later then July 26, 2007, when Erkelens ordered Clear Channel not remove its sign or structure and to stay off the Property. [Docket No. 85 at 6:6-7; Docket No. 109 at 2:26-28.] 28 Case No.: C 07-06138 SBA US_ACTIVE-100799399.1 [PROPOSED] FINAL JUDGMENT IN FAVOR OF CLEAR CHANNEL OUTDOOR, INC.

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