Nautilus Insurance Company v. Day to Day Fashion, Inc. et al, No. 2:2017cv01649 - Document 114 (C.D. Cal. 2020)
Court Description: FINAL JUDGMENT by Magistrate Judge Alexander F. MacKinnon. IT IS ORDERED, ADJUDGED, and DECREED that: 1. Judgment is entered in favor of Plaintiff and against Defendant with respect to the First Cause of Action. 2. Judgment is entered in fav or of Plaintiff and against Defendant with respect to the Second Cause of Action. 3. Plaintiff's claim for rescission is dismissed without prejudice as moot. 4. Plaintiff, as the prevailing party, is entitled to recover its costs of suit from Defendant under Fed. R. Civ. P. 54(d)(1). This judgment adjudicates all claims in the case and is the final judgment of the Court in this matter. (See document for details.) (MD JS-6, Case Terminated). (es)
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Nautilus Insurance Company v. Day to Day Fashion, Inc. et al Doc. 114 1 2 3 JS-6 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 11 NAUTILUS INSURANCE COMPANY, Plaintiff, 12 Case No. 2:17-cv-01649-AFM FINAL JUDGMENT v. 13 DAY TO DAY FASHION, INC., 14 Defendant. 15 16 In accordance with the Opinion and Order Regarding Plaintiff’s Motions for 17 Partial Summary Judgment and Defendant’s Cross-Motion for Summary Judgment 18 filed on May 26, 2020, and the Order Granting Plaintiff’s Motion to Dismiss filed on 19 August 4, 2020, 20 IT IS ORDERED, ADJUDGED, and DECREED that: 21 22 1. As to Plaintiff’s First Cause of Action: Defendant made a material 23 misrepresentation during the presentation and investigation of its insurance claim in 24 violation of the concealment, misrepresentation or fraud condition in the insurance 25 policy, resulting in voiding of the policy and entitling Plaintiff to deny coverage on 26 Defendant’s insurance claim. Judgment is entered in favor of Plaintiff and against 27 Defendant with respect to the First Cause of Action. 28 Dockets.Justia.com 1 2. As to Plaintiff’s Second Cause of Action: Defendant made material 2 misrepresentations in its insurance application, entitling Plaintiff to rescind the 3 insurance policy and to deny policy benefits in connection with Defendant’s 4 insurance claim. Judgment is entered in favor of Plaintiff and against Defendant 5 with respect to the Second Cause of Action. 6 7 8 9 10 11 3. As to Plaintiff’s Third Cause of Action: Plaintiff’s claim for rescission is dismissed without prejudice as moot. 4. Plaintiff, as the prevailing party, is entitled to recover its costs of suit from Defendant under Fed. R. Civ. P. 54(d)(1). This judgment adjudicates all claims in the case and is the final judgment of the Court in this matter. 12 13 DATED: 8/4/2020 14 15 16 ____________________________________ ALEXANDER F. MacKINNON UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2
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