Transamerica Life Insurance Company v. Akop Arutyunyan et al, No. 2:2020cv04684 - Document 61 (C.D. Cal. 2022)

Court Description: JUDGMENT AND ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF MAGISTRATE JUDGE by Judge Otis D. Wright, II: IT IS HEREBY ORDERED AND ADJUDGED: 1. Judgment shall be entered in Transamerica's favor awarding all damages and declaratory relief sough t in Transamerica's Complaint, plus fees and costs, as follows: a. Actual and compensatory damages in the amount of $109,381.71 in connection with Transamerica's fraud claim and civil conspiracy claim and as restitution of benefits pai d under the Policy; b. Statutory treble damages in the amount of $218,763.42 as statutorily mandated by California Penal Code 496(c) andinterest in connection with Transameric's Civil Theft claim against Defendants;c. Attorney's fees in the amount of $166,394.50 pursuant to Cal. Penal Code 496(c) in connection with Transamerica's Civil Theft claim against Defendants and as discovery sanctions, as set forth more fully in the Report and Recommendation. 2. The Court hereby declares as follows: a. The Policy is void and, therefore, Transamerica does not face a future threat of fraudulent claims and is compensated for a portion of the losses attributable to Defendants' fraudulent conspiracy. b. Transamerica may retain the premium paid for the Policy; 3. This action is dismissed with prejudice in its entirety. Related to: Report and Recommendation Forwarded/Returned to Judge (MD JS-6, Case Terminated). (lc)