Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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

United States Postal Service v. Jamke

United States District Court, E.D. California

May 1, 2017

UNITED STATES POSTAL SERVICE, Plaintiff,
v.
JAMKE, a California general partnership, STACEY CARLSON, in her personal capacity, as Trustee of the Ashlock Family 2013 Trust B, and as Trustee of the Ashlock Family Trust of 1993, GABRIEL ASHLOCK, in his personal capacity and as court appointed administrator of the Estate of Lonnie Ashlock, JOHN A MYRTAKIS, KEN DAVID ELVING, and INVESTWEST PROPERTIES, a California general partnership, Defendants. AND RELATED CROSS ACTIONS,

          MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS MOTIONS FOR A NEW TRIAL, OR IN THE ALTERNATIVE, FOR MODIFICATION OF JUDGMENT AND INSTRUCTIONS ECF Nos. 60, 62.

          LAWRENCE J. O'NEILL UNITED STATES CHIEF DISTRICT JUDGE

         I. BACKGROUND

         Plaintiff United States Postal Service (“USPS” or “Plaintiff”) brought suit against Defendants JAMKE, a California general partnership, and JAMKE partners Ken David Elving and John A. Myrtakis (collectively, “JAMKE”), Stacey Carlson, in her personal capacity and as Trustee of the of the Ashlock Family 2013 Trust B and the Ashlock Family Trust of 1993 (“Carlson”), Gabriel Ashlock in his personal capacity and as court appointed administrator of the Estate of Lonnie Ashlock (“Gabriel”[1]), and Invest West Properties (“Invest West”), a California general partnership, to enforce the fixed price purchase option provision contained in its long-term lease agreement for the Merced Post Office. The agreement provided that at the termination of the long-term lease on November 30, 2015, USPS had the option to purchase the Merced Post Office property for $300, 000.

         On January 12, 2017, the Court granted summary judgment in favor of USPS. (ECF No. 52.) The Court held that USPS had properly exercised its valid purchase option, and that Defendants had breached by failing to convey title to USPS after the lease ended on November 30, 2015 in accordance with the terms of the agreement. (Id.)

         The Court ordered USPS to submit a proposed final judgment detailing the terms for specific performance, which USPS filed on January 20, 2017. (ECF No. 53.) Defendants filed objections to the proposed order on January 31, 2017. (ECF Nos. 54, 55.) Specifically, Defendants objected to the Court's ordering specific performance, the proposed distribution of escrow funds, and asserted that they were owed rent, prejudgment interest, taxes, insurance premiums, and other costs. (Id.) Defendant Gabriel also asserted that he could not provide quiet title due to a pending state court action. (Id.) The Court entered final judgment on February 3, 2017, ordering Defendants to transfer title of the Merced Post Office within 30 days to USPS in accordance with the terms of lease agreement between the parties. (ECF No. 58.) The Court thoroughly addressed Defendants' objections in footnotes 1 through 4 of the judgment. (Id.)

         On March 3, 2017, Gabriel filed a motion for a new trial, or, in the alternative, for modification of judgment and instructions pursuant to Federal Rules of Civil Procedure 52(b) and 59. (ECF No. 60.) On March 6, 2017, JAMKE filed a motion for a new trial and/or, in the alternative, a motion to alter judgment. (ECF. No. 62.) In their motions, Defendants object to several aspects of the Court's judgment, including the Court's determination that Defendants were not entitled to “holdover” rent, interest, taxes, insurance premiums, repair costs, or other costs accrued by Defendants after November 30, 2015. (ECF Nos. 60, 62.) Defendants also objected to being required to pay closing costs. (Id.) Defendant Gabriel raised other issues with respect to its ability to provide quiet title to USPS. (ECF No. 60.)

         After filing their motions, Defendants conveyed title of the Merced Post Office property to USPS pursuant to this Court's February 3, 2017 judgment. (Declaration of M. Anderson Berry (“Berry Decl.”) ¶ 2, Ex. 1, ECF No. 67-1.) The deeds were recorded on March 13, 2017. (Id.) USPS paid all closing costs, in the amount of $4, 592. (Id. ¶ 6, Ex. 2.) USPS also paid Defendants $5, 000 for “roof repairs.” (Id. ¶ 5, Ex. 2.)

         USPS opposed the motions on April 18, 2017, noting that several of the issues raised by Defendants had been resolved and therefore mooted in the course of the conveyance. (ECF No. 67.) Defendants submitted a joint reply on April 25, 2017, in which they conceded that the issues raised in their motions had been resolved, with the exception of their request for holdover rent or escrow interest, property taxes, and reimbursement for insurance payments. (ECF No. 68.) This matter is suitable for disposition without oral argument and is ripe for review. See Local Rule 230(g).

         II. STANDARD OF DECISION

         A. Rule 59(a)

         A new trial is warranted under Rule 59(a) when the judgment is “contrary to the clear weight of the evidence, or [] based upon evidence which is false, or to prevent, in the sound discretion of the trial court, a miscarriage of justice.” Silver Sage Partners, Ltd. v. City of Desert Hot Springs, 251 F.3d 814, 819 (9th Cir. 2001) (internal citations and quotation marks omitted).

         B Rule 59(e)

         A district court may reconsider its grant of summary judgment under Federal Rule of Civil Procedure 59(e). A motion to alter judgment under Rule 59(e) is appropriate where the court “(1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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