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U.S. v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA

United States District Court, N.D. California


November 15, 2005.

UNITED STATES OF AMERICA, for the Use and Benefit or J.A. Gonsalves & Son Construction, Inc.; and J.A. Gonsalves & Son Construction, Inc. Plaintiffs,
v.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, et al., Defendants.

The opinion of the court was delivered by: CHARLES BREYER, District Judge

ORDER GRANTING MOTION FOR DEFAULT JUDGMENT

This is an action for recovery of amounts due on a Miler Act Payment Bond, and supplemental state law claims arising out of plaintiff J.A. Gonsalves & Son Construction, Inc.'s ("JAG") provision of labor and supplies. Now pending before the Court is JAG's motion for a default judgment against defendant Mass Ex Construction Company. After carefully considering JAG's motion for a default judgment, and the evidence submitted in support of the motion, the Court concludes that oral argument is unnecessary, see Local Rule 7-1(b), and GRANTS the motion for a default judgment in the total amount of $49,912.13.

DISCUSSION

  JAG entered into an oral subcontract with Mass Ex Construction Company ("Mass Ex") to provide aggregate base and asphalt concrete for a recreation trail on a federal flood control project in Napa, California. JAG's evidence demonstrates that although Mass Ex was paid in full for the work performed by JAG, Mass Ex did not pay JAG. After this lawsuit was filed, Mass ex paid JAG some of the monies owed, namely, $130,334.75. Also, JAG has received some monies on the Miller Act bond.

  As of the date of the filing of JAG's motion for a default judgment, JAG is still owed a total of $49,912.13. This amount includes unpaid principle, interest at 10 percent per annum, prompt payment penalties of two percent per annum, and attorneys' fees and costs pursuant to Business and Professions Code section 7108.5.

  As Mass Ex has not answered the complaint, as its default was entered in April 2005, and has JAG has proved that Mass Ex owes it a sum certain, JAG's motion for a total judgment in the total amount of $49,912.13 is GRANTED.

  IT IS SO ORDERED.

20051115

© 1992-2005 VersusLaw Inc.



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