Tesoro Refining and Marketing Company LLC v. S and S Fuel, Inc., et al, No. 8:2019cv01418 - Document 73 (C.D. Cal. 2020)
Court Description: FINAL JUDGMENT by Judge David O. Carter, in favor of Tesoro Refining and Marketing Company LLC against L Inc D Aline Corporation, S and S Fuel, Inc., Sukhdev Singh, Zaal John Haddadin Pursuant to FRCP 58(a) on each of the following grounds, as set fo rth in and in accordance with the Order granting TRMC's Motion for Partial Summary Judgment dated March 30, 2020 (Docket No. 69 ). Defendant S&S is liable to TRMC for: $134,217.41 in principal amount; $577,491.37 in liquidated damage s; $726,410.96 for repayment of the Area Bonus Payment Reimbursement Agreement loan; Defendant Singh is individually liable for breach of contract damages; SEE DOCUMENT FOR FURTHER INFORMATION. Related to: Stipulation to Dismiss Case 71 . (MD JS-6, Case Terminated). (twdb)
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Tesoro Refining and Marketing Company LLC v. S and S Fuel, Inc., et al 1 2 3 4 5 6 7 8 9 Doc. 73 MILLER NASH GRAHAM & DUNN LLP Nicole M. McLaughlin, Bar No. 272019 nicole.mclaughlin@millernash.com Phillip Allan Trajan Perez, Bar No. 234030 trajan.perez@millernash.com Julianne M. Avery, Bar No. 315578 julianne.avery@millernash.com 340 Golden Shore, Suite 450 Long Beach, California 90802 Telephone: 562.435.8002 Facsimile: 562.435.7967 JS-6 Attorneys for Plaintiff TESORO REFINING & MARKETING COMPANY LLC 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 SOUTHERN DIVISION 13 15 TESORO REFINING & MARKETING COMPANY LLC, a Delaware limited liability company, 16 Plaintiff, 14 17 18 21 S&S FUEL, INC., a California Corporation, SUKHDEV SINGH, individually and on behalf of his marital community, L’INC D’ALINE CORPORATION, a California corporation, and ZAAL JOHN HADDADIN, an individual, and DOES 110, inclusive; 22 Defendants. 20 FINAL JUDGMENT Courtroom.: 9D Judge: Hon. David O. Carter v. 19 Case No. 8:19-cv-01418-DOC-ADS 23 24 25 26 27 28 Plaintiff TESORO REFINING & MARKETING COMPANY LLC (“TRMC”) brought the present action against Defendants S&S FUEL, INC. M ILLER N G RAHAM & LLP ATTORNEYS A LONG BEACH FINAL JUDGMENT Dockets.Justia.com 1 (“S&S”), SUKHDEV SINGH (“Singh”), L’INC D’ALINE CORPORATION 2 (“L’Inc”), and ZAAL JOHN HADDADIN (“Haddadin”) (collectively, 3 “Defendants”) alleging breach of contract, breach of contract –continuing guaranty, 4 intentional interference with contractual relations, violation of the Lanham Act, and 5 other related causes of action. 6 7 Judgment as to (1) TRMC’s first cause of action for breach of contract against 8 Defendant S&S, (2) TRMC’s second cause of action for breach of contract – 9 continuing guaranty against Defendant Singh; and (3) TRMC’s third cause of 10 action for intentional interference with contractual relations against Defendants 11 L’Inc and Haddadin. 12 TRMC subsequently filed a stipulation dismissing TRMC’s fourth (federal 13 trademark and service mark infringement under 15 U.S.C. §1114), fifth (violation 14 of business and professions code, §17200, et seq.), sixth (violation of business and 15 professions code, §17500, et seq.), and seventh (declaratory relief) causes of action 16 without prejudice pursuant to Federal Rules of Civil Procedure, Rule 17 41(a)(1)(A)(ii). 18 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Final 19 Judgment shall be entered in favor of Plaintiff TRMC and against all Defendants 20 pursuant to Federal Rule of Civil Procedure 58(a) on each of the following grounds, 21 as set forth in and in accordance with the Order granting TRMC’s Motion for 22 Partial Summary Judgment dated March 30, 2020 [Docket No. 69]: 23 M ILLER N G RAHAM & LLP On March 30, 2020, this Court granted TRMC’s Motion for Partial Summary 1. Defendant S&S is liable to TRMC for: (1) ONE HUNDRED THIRTY 24 FOUR THOUSAND TWO HUNDRED SEVENTEEN DOLLARS AND FORTY 25 ONE CENTS ($134,217.41) of fuel products, which includes $123,866.89 in 26 principal amount due with 10% per annum interest thereon calculated from May 30, 27 2019 to March 30, 2020. Post judgment interest will accrue on fuel products at a 28 rate of 10% per annum at the rate of $33.94 per day; (2) FIVE HUNDRED -2- ATTORNEYS A LONG BEACH FINAL JUDGMENT 1 SEVENTY SEVEN THOUSAND FOUR HUNDRED NINETY ONE DOLLARS 2 AND THIRTY SEVEN CENTS ($577,491.37) in liquidated damages, which 3 includes the principal amount of $540,750.00, plus 10% per annum interest accrued 4 from July 26, 2019 to March 30, 2020. Post judgment interest will accrue on 5 liquidated damages at a rate of 10% per annum at the rate of $148.15 per day; and 6 (3) SEVEN HUNDRED TWENTY SIX THOUSAND FOUR HUNDRED TEN 7 DOLLARS AND NINETY SIX CENTS ($726,410.96) for repayment of the Area 8 Bonus Payment Reimbursement Agreement loan, which includes a $675,000 loan 9 amount, plus interest at 10% per annum from June 26, 2019 to March 30, 2020. 10 Post judgment interest will accrue on damages under the Area Bonus Payment 11 Reimbursement Agreement at a rate of 10% per annum at the rate of $184.93 per 12 day (collectively, “Breach of Contract Damages”). 13 2. Defendant Singh is individually liable to TRMC for the Breach of 14 Contract Damages and for TRMC’s attorney’s fees and costs incurred in the 15 enforcement of the personal guaranty, in an amount to be determined by proof. 16 17 18 3. Defendants L’Inc and Haddadin are jointly and severally liable to TRMC for the Breach of Contract Damages resulting from their tortious conduct. IT IS FURTHER ORDERED that this Court retains jurisdiction of this 19 matter for purposes of construction, modification, and enforcement of this Final 20 judgment. 21 22 This document constitutes a final judgment and separate document for purposes of Federal Rule of Civil Procedure 58(a). 23 24 25 26 April 9 Dated: _____________, 2020 __________________________________ Honorable David O. Carter 27 28 M ILLER N G RAHAM & LLP -3- ATTORNEYS A LONG BEACH FINAL JUDGMENT
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