Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Shapiro-Gilman-Shandler Co., A Corporation; Davalan Sales, Inc., A v. Koshan

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA


October 30, 2012

SHAPIRO-GILMAN-SHANDLER CO., A CORPORATION; DAVALAN SALES, INC., A CORPORATION; DAVALAN SALES, INC, A CORPORATION TRADING AS THE BANANA COMPANY, GO-FRESH PRODUCE, INC., A CORPORATION; JHP PRODUCE, INC., A CORPORATION DBA J. HELLMAN PRODUCE, INC.; CALIFRESH OF CALIFORNIA, LLC, A LIMITED LIABILITY COMPANY; CAL PINE DISTRIBUTORS, LP, A LIMITED PARTNERSHIP; COAST PRODUCE COMPANY, A CORPORATION; ARTURO CARILLO DBA DEL RIO PRODUCE CO.; INTERFRESH, INC., A CORPORATION; LAND AND SEA DISTRIBUTING, INC., A CORPORATION; APB, INC., A CORPORATION DBA VISION PRODUCE CO.; AND MORITA PRODUCE CO., INC., A CORPORATION, PLAINTIFFS,
v.
KOSHAN, INC., A CORPORATION D/B/A PAYLESS FOODS, ALSO D/B/A BARGAIN FOODS; RODD, INC., A CORPORATION; S B MART, INC., A CORPORATION; FRANK HENDIZADEH, A/K/A FRANK HENDIZADEH RODD, AN INDIVIDUAL; BEHNAM HENDIZADEH, A/K/A BEHNAM HENDIZADEH RODD, AN INDIVIDUAL; MEHRDAD KHOSHBIN, AN INDIVIDUAL; BIJAN HENDIZADEH A/K/A BIJAN HENDIZADEH RODD, AN INDIVIDUAL; SAMI KHOSHBIN, AN INDIVIDUAL, DEFENDANTS.

The opinion of the court was delivered by: Hon. Otis D. Wright, II U.S. District Court Judge

JS-6

JUDGMENT AGAINST ALL DEFENDANTS

Having read and considered the Stipulation for Entry of Judgment submitted by Plaintiffs SHAPIRO-GILMAN-SHANDLER CO. ("SGS"), a corporation; DAVALAN SALES, INC. ("Davalan"), a corporation; DAVALAN SALES, INC, a corporation trading as THE BANANA COMPANY ("Banana"), GO-FRESH PRODUCE, INC., ("Go-Fresh") a corporation, JHP PRODUCE, INC., a corporation dba J. HELLMAN PRODUCE, INC. ("JHP"), CALIFRESH OF CALIFORNIA, LLC, ("Califresh") a limited liability company, CAL PINE DISTRIBUTORS, LP, ("Cal Pine") a limited partnership, COAST PRODUCE COMPANY, ("Coast") a corporation, ARTURO CARILLO dba DEL RIO PRODUCE CO. ("Del Rio"), INTERFRESH, INC., ("Interfresh") a corporation, LAND AND SEA DISTRIBUTING, INC., ("Land and Sea") a corporation, APB, INC., a corporation dba VISION PRODUCE CO. ("Vision") and MORITA PRODUCE CO., INC. ("Morita"), a corporation (collectively referred to herein as "Plaintiffs") and Defendants KOSHAN, INC. ("Koshan"), a corporation doing business as PAYLESS FOODS and BARGAIN FOODS, RODD, INC. ("Rodd"), a corporation, S B MART, INC. ("S B Mart"), a corporation, FRANK HENDIZADEH, a/k/a FRANK HENDIZADEH RODD ("FHR"), an individual, BEHNAM HENDIZADEH, a/k/a BEHNAM HENDIZADEH RODD ("BHR"), an individual, MEHRDAD KHOSHBIN ("MK"), an individual, BIJAN HENDIZADEH a/k/a BIJAN HENDIZADEH RODD ("BHR"), an individual and SAMI KHOSHBIN ("SK"), an individual, and all supporting pleadings and exhibits submitted therewith and other pleadings and exhibits already on file with this court, and good cause appearing therefore,

JUDGMENT IS HEREBY ENTERED in favor of Plaintiffs and against Defendants KOSHAN, INC., a corporation doing business as PAYLESS FOODS and BARGAIN FOODS, RODD, INC., a corporation, S B MART, INC., a corporation, FRANK HENDIZADEH, a/k/a FRANK HENDIZADEH RODD, an individual, BEHNAM HENDIZADEH, a/k/a BEHNAM HENDIZADEH RODD, an individual, MEHRDAD KHOSHBIN, an individual, BIJAN HENDIZADEH a/k/a BIJAN HENDIZADEH RODD, an individual and SAMI KHOSHBIN, an individual, jointly and severally, in the total amount of $603,036.23, all of which qualifies for trust protection under the trust provision of Perishable Agricultural Commodities Act ("PACA") [7 U.S.C. §499e, et seq.], itemized as follows:

1. Principal in the cumulative total amount of $584,285.82 (itemized as $138,539.81 due to SGS, $53,195.50 due to Davalan, $80,331.26 due to Banana, $93,191.65 due to Go-Fresh, $38,500.50 due to JHP, $7,040.00 due to Califresh, $21,658.40 due to Cal Pine, $34,936.80 due to Coast, $8,310.00 due to Del Rio, $6,668.00 due to Interfresh, $6,479.00 due to Land and Sea, $73,289.70 due to Vision and $22,145.20 due to Morita).

2. Finance charges due from the date each payment fell due through September 21, 2012 in the total amount of $11,250.41 (itemized as $1,634.97 due to SGS, $800.79 due to Davalan, $870.06 due to Banana, $1,812.89 due to Go-Fresh, $1,177.00 due to JHP, $306.47 due to Califresh, $728.25 due to Cal Pine, $681.66 due to Coast, $175.31 due to Del Rio, $173.80 due to Interfresh, $220.11 due to Land and Sea, $2,235.97 due to Vision and $432.93 due to Morita).

3. Attorneys' fees in the amount of $7,500.00

Plaintiffs are further entitled to recover finance charges from September 22, 2012 at the rate of 10% per annum on all unpaid principal sums due under this judgment until fully paid.

All judgment amounts qualify for trust protection under the trust provisions of Perishable Agricultural Commodities Act ("PACA") [7 U.S.C. §499e, et seq.],

The Clerk shall enter judgment forthwith.

20121030

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.