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Fraley v. Travelers Property Casualty Company of America

United States District Court, C.D. California

July 23, 2019

FRANKLIN R. FRALEY, JR., an individual and d/b/a FRALEY & ASSOCIATES, Plaintiff,
v.
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut corporation; FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a Wisconsin corporation; and DOES 1-10, Defendants. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut corporation; FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. a Wisconsin corporation, Third-Party Plaintiffs,
v.
DRITA KESSLER, an individual; DK ART PUBLISHING, INC., a California corporation, Third-Party Defendants.

         [PROPOSED] JUDGMENT FOR DEFENDANTS/THIRD-PARTY PLAINTIFFS TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA AND FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. ON (1) FIRST SUPPLEMENTAL COMPLAINT BY PLAINTIFF FRANKLIN R. FRALEY JR. D/B/A FRALEY & ASSOCIATES AND (2) THIRD-PARTY COMPLAINT AGAINST DRITA KESSLER AND DK ART PUBLISHING, INC.

          Hon. Andr Birotte Jr. United States District Judge

         The following motions came on regularly for hearing on June 7, 2019 in Courtroom 7B of the above-entitled Court, the Honorable André Birotte Jr. presiding: (1) Motion for Partial Summary Judgment On The First Supplemental Complaint by Plaintiff Franklin R. Fraley, Jr. d/b/a Fraley & Associates (“Plaintiff”); (2) Motion for Summary Judgment Or, In the Alternative, Partial Summary Judgment by Defendant/Third-Party Plaintiff Travelers Property Casualty Company of America (“Travelers”); (3) Motion for Summary Judgment Or, In the Alternative, Partial Summary Judgment by Defendant/Third-Party Plaintiff Fidelity and Guaranty Insurance Underwriters, Inc. (“Fidelity”); and (4) Travelers' and Fidelity's Motion for Default Judgment Against Third-Party Defendants Drita Kessler (“Kessler”) and DK Art Publishing, Inc. (“DK Art”).

         A. Plaintiff's First Supplemental Complaint

         After consideration of the points and authorities, declarations and evidence filed by the parties in support of and in opposition to Plaintiff's Motion for Partial Summary Judgment and the Motions by Travelers and Fidelity for Summary Judgment Or, In The Alternative, Partial Summary Judgment, as well as oral argument concerning said motions, the Court finds (1) there is no triable issue of material fact as to the counts for conversion, intentional interference with contractual relationship, intentional interference with prospective economic advantage and aiding and abetting fraudulent transfers alleged against Travelers and Fidelity in Plaintiff's operative First Supplemental Complaint and (2) Travelers and Fidelity are both entitled to judgment as a matter of law in their favor and against Plaintiff on the First Supplemental Complaint, as set forth in the Court's written Order Granting Defendants' Motions for Summary Judgment and Motion for Entry of Default dated June 24, 2019 (Dkt. No. 120) (“Order”).

         IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Plaintiff take nothing from Travelers, and that Plaintiff's action against Travelers be dismissed with prejudice.

         IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Plaintiff take nothing from Fidelity, and that Plaintiff's action against Fidelity be dismissed with prejudice.

         IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Travelers and Fidelity shall recover costs from Plaintiff by post-judgment bill of costs.

         JUDGMENT IS HEREBY ENTERED for Defendant Travelers Property Casualty Company of America and against Plaintiff Franklin R. Fraley, Jr. d/b/a Fraley & Associates with respect to each of the causes of action alleged by Plaintiff in the First Supplemental Complaint against Travelers.

         JUDGMENT IS HEREBY ENTERED for Defendant Fidelity and Guaranty Insurance Underwriters, Inc. and against Plaintiff Franklin R. Fraley, Jr. d/b/a Fraley & Associates with respect to each of the causes of action alleged by Plaintiff in the First Supplemental Complaint against Fidelity.

         B. Third-Party Complaint By Travelers And Fidelity

         After consideration of the points and authorities, declarations and evidence filed by the parties in support of the Motion for Default Judgment Against Kessler and DK Art by Travelers and Fidelity, the Court finds (1) there is no triable issue of material fact as to the claims for express contractual indemnity and declaratory relief alleged by Travelers and Fidelity in the Third-Party Complaint against Kessler and DK Art and (2) Travelers and Fidelity are both entitled to judgment as a matter of law in their favor and against Kessler and DK Art, jointly and severally, as set forth in the Order.

         IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Drita Kessler and DK Art Publishing, Inc., jointly and severally, shall pay Travelers Property Casualty Company of America and Fidelity and Guaranty Insurance Underwriters, Inc. a total of $217, 406.42 as damages consisting of attorney's fees and costs incurred by Travelers and Fidelity from February 21, 2018 to the date of this Judgment in relation to this action commenced by Plaintiff.

         IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Drita Kessler and DK Art Publishing, Inc., jointly and severally, shall pay Travelers Property Casualty Company of America and Fidelity and Guaranty Insurance Underwriters, Inc. post-judgment interest on the unpaid principal amount of this Judgment, $217, 406.42, from the date of entry of this Judgment until ...


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