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,
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.
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
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.
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