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Western Surety Co. v. Auto America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 29, 2010

WESTERN SURETY COMPANY, A SOUTH DAKOTA CORPORATION, PLAINTIFF,
v.
AUTO AMERICA, INC., A CALIFORNIA CORPORATION; MOCTEZUMA TOVAR, AN INDIVIDUAL; PENEELEYU TOVAR, AN INDIVIDUAL; WACHOVIA DEALER SERVICES, INC., A CALIFORNIA CORPORATION; TRUCK CITY AUTO SALES, INC., A CALIFORNIA CORPORATION; FIRESIDE BANK, A CALIFORNIA CORPORATION; LOBEL FINANCIAL CORPORATION, A CALIFORNIA CORPORATION; YOLO FEDERAL CREDIT UNION, A BUSINESS ENTITY, FORM UNKNOWN, CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, A CALIFORNIA STATE AGENCY; AND DOES 1-100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

STIPULATION FOR JUDGMENT AND ORDER THERETO

Plaintiff Western Surety Company, and defendants AUTO AMERICA, INC., a California corporation; and MOCTEZUMA TOVAR, an individual, and their attorneys of record stipulate and agree as follows:

RECITALS

1. Plaintiff Western Surety Company issued a motor vehicle dealer bond to Auto America, Inc. in order for Auto America, Inc. to do business as a motor vehicle dealer in California. On behalf of himself and Auto America, Inc. Moctezuma Tovar executed an indemnity agreement in favor of Western Surety Company for reimbursement of funds paid on the motor vehicle bond to any claimants, as well as for costs and attorney fees.

2. Multiple claims were made on the bond which in total exceeded the $50,000.00 value of the bond. These claims resulted in the bond funds being interpled in the present action.

3. Western Surety Company and the claimants on the bond (interpleader defendants herein) reached a stipulation for disbursement of the interpled funds.

4. In its complaint, Western Surety Company seeks to recover from Tovar and Auto America, Inc. the amount of the bond funds distributed to claimants, plus additional attorney fees and costs which have not been reimbursed to Great American from the bond itself.

5. This Stipulation for Judgment represents the negotiated termination of the present case between the parties.

TERMS OF STIPULATED JUDGMENT

1. The Court will enter judgment in this action, pursuant to this stipulation, on request of any party without notice to the other parties as follows:

a. Damages in favor of Western Surety Company and against AUTO AMERICA, INC., a California corporation; and MOCTEZUMA TOVAR, an individual in the amount of $50,000.00;

b. An award of attorneys fees in the amount of $1,506.53

c. An award of costs in the amount of $334.00

d. The total amount of judgment is therefore $51,840.53

2. On entry, this judgment will become final and execution may be levied on it immediately.

Dated: August 16, 2010.

TIMOTHY J. TOMLIN Attorneys for Plaintiff WESTERN SURETY COMPANY

Dated: August 2, 2010.

MOCTEZUMA TOVAR Individually and on behalf of Auto America, Inc.

Dated: August 10, 2010.

RONALD S. GALASI Attorney for Defendants MOCTEZUMA TOVAR and AUTO AMERICA, INC.

ORDER

Pursuant to the parties' stipulation above, judgment shall be entered accordingly.

IT IS SO ORDERED.

20100929

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