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Loewy Enterprises v. Senior Care Management

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


October 23, 2009

LOEWY ENTERPRISES, D/B/A SUNRISE PRODUCE COMPANY PLAINTIFF,
v.
SENIOR CARE MANAGEMENT, LLC A CALIFORNIA LIMITED LIABILITY CORPORATION, D/B/A AUTUM YEARS AT NEWPORT; MONARCH BUENA VISTA; MONARCH RANCHO MIRAGE; MONARCH VILLA BONITA; SEASONS AT ARCADIA ROYALE; SEASONS AT CORONADO; SEASONS AT LA HABRA AND SEASONS AT MONTCLAIR AND SENIOR CARE MANAGEMENT GROUP, LLC D/B/A AUTUMN YEARS AT NEWPORT; MONARCH BUENA VISTA; MONARCH RANCHO MIRAGE; MONARCH VILLA BONITA; SEASONS AT ARCADIA ROYALE; SEASONS AT CORONADO; SEASONS AT LA HABRA AND SEASONS AT MONTCLAIR AND SENIOR CARE COMMUNITIES MANAGEMENT, LLC D/B/A AUTUMN YEARS AT NEWPORT; MONARCH BUENA VISTA; MONARCH RANCHO MIRAGE; MONARCH VILLA BONITA; SEASONS AT ARCADIA ROYALE; SEASONS AT CORONADO; SEASONS AT LA HABRA AND SEASONS AT MONTCLAIR AND CRAIG JOHNSON AND DANIEL A. SALCEDA DEFENDANTS

ORDER OF DEFAULT JUDGMENT

Upon the Motion of Plaintiff's, the Memorandum in Support, Declaration of Plaintiff's Counsel, and Declaration of Plaintiff's Representative demonstrating that: Defendants Senior Care Management LLC, A California Limited Liability Company, d/b/a Autumn Years At Newport; Monarch Buena Vista; Monarch Rancho Mirage; Monarch Villa Bonita; Seasons at Arcadia Royale; Seasons at Coronado; Seasons at La Habra and Seasons at Montclair, and Senior Care Management Group, LLC d/b/a Autumn Years At Newport; Monarch Buena Vista; Monarch Rancho Mirage; Monarch Villa Bonita; Seasons at Arcadia Royale; Seasons at Coronado; Seasons at La Habra and Seasons at Montclair, and Seniorcare Communities Management LLC d/b/a Autumn Years At Newport; Monarch Buena Vista; Monarch Rancho Mirage; Monarch Villa Bonita; Seasons at Arcadia Royale; Seasons at Coronado; Seasons at La Habra and Seasons at Montclair, and Craig Johnson and Daniel A. Salceda failed to plead or otherwise defend in this action; Defendants Senior Care Management LLC, A California Limited Liability Company, d/b/a Autumn Years At Newport; Monarch Buena Vista; Monarch Rancho Mirage; Monarch Villa Bonita; Seasons at Arcadia Royale; Seasons at Coronado; Seasons at La Habra and Seasons at Montclair, and Senior Care Management Group, LLC d/b/a Autumn Years At Newport; Monarch Buena Vista; Monarch Rancho Mirage; Monarch Villa Bonita; Seasons at Arcadia Royale; Seasons at Coronado; Seasons at La Habra and Seasons at Montclair, and Seniorcare Communities Management LLC d/b/a Autumn Years At Newport; Monarch Buena Vista; Monarch Rancho Mirage; Monarch Villa Bonita; Seasons at Arcadia Royale; Seasons at Coronado; Seasons at La Habra and Seasons at Montclair, and Craig Johnson and Daniel A. Salceda owe Plaintiffs the sum of $30,856.75 as a trust debt under Section 5(c) of the Perishable Agricultural Commodities Act, 7 U.S.C. § 499(e)(c) ("PACA"); and Defendants Craig Johnson and Daniel A. Salceda are not infants, incompetent persons, or in the military service of the United States, it is hereby

ORDERED, ADJUDGED AND DECREED that Plaintiff Loewy Enterprises d/b/a Sunrise Produce Co. is a valid trust beneficiary of Senior Care Management LLC, A California Limited Liability Company, d/b/a Autumn Years At Newport; Monarch Buena Vista; Monarch Rancho Mirage; Monarch Villa Bonita; Seasons at Arcadia Royale; Seasons at Coronado; Seasons at La Habra and Seasons at Montclair, and Senior Care Management Group, LLC d/b/a Autumn Years At Newport; Monarch Buena Vista; Monarch Rancho Mirage; Monarch Villa Bonita; Seasons at Arcadia Royale; Seasons at Coronado; Seasons at La Habra and Seasons at Montclair, and Seniorcare Communities Management LLC d/b/a Autumn Years At Newport; Monarch Buena Vista; Monarch Rancho Mirage; Monarch Villa Bonita; Seasons at Arcadia Royale; Seasons at Coronado; Seasons at La Habra and Seasons at Montclair, and Craig Johnson and Daniel A. Salceda, jointly and severally, under Section 5(c) of the PACA, 7 U.S.C. §499e(c), in the amount of $18,934.70; and it is further

ORDERED, ADJUDGED AND DECREED that judgment is hereby entered in favor of Plaintiff Loewy Enterprises d/b/a Sunrise Produce Co. and against Defendants Senior Care Management LLC, A California Limited Liability Company, d/b/a Autumn Years At Newport; Monarch Buena Vista; Monarch Rancho Mirage; Monarch Villa Bonita; Seasons at Arcadia Royale; Seasons at Coronado; Seasons at La Habra and Seasons at Montclair, and Senior Care Management Group, LLC d/b/a Autumn Years At Newport; Monarch Buena Vista; Monarch Rancho Mirage; Monarch Villa Bonita; Seasons at Arcadia Royale; Seasons at Coronado; Seasons at La Habra and Seasons at Montclair, and Seniorcare Communities Management LLC d/b/a Autumn Years At Newport; Monarch Buena Vista; Monarch Rancho Mirage; Monarch Villa Bonita; Seasons at Arcadia Royale; Seasons at Coronado; Seasons at La Habra and Seasons at Montclair, and Craig Johnson and Daniel A. Salceda, jointly and severally, in the principal amount of $18,934.70 plus interest in the amount of $3,173.36 and attorney's fees in the amount of $8,418.69, for a total judgment amount of $30,526.75, under the trust provisions of the PACA, 7 U.S.C. §499e(c).

20091023

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