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.

Pennsylvania National Mutual Casualty Insurance Co. v. Castillo

United States District Court, W.D. North Carolina

March 25, 2019

Pennsylvania National Mutual Casualty Insurance Company, Plaintiff,
v.
Jose Castillo d/b/a JJA Framing Company, JJA Construction, Inc., and JJA Framing Company, Defendants.

          DEFAULT JUDGMENT

          Graham C. Mullen United States District Judge.

         ORDER

         This matter is before the court on the Plaintiff's Motion for Default Judgment [D.E. 12] and the memorandum filed in support of the Motion for Default Judgment [D.E. 12-1]. For the reasons discussed below, Plaintiff's motion is GRANTED.

         BACKGROUND

         Plaintiff Pennsylvania National Mutual Casualty Insurance Company (“Plaintiff Penn National”) initiated this declaratory judgment action against Defendants Jose Castillo d/b/a JJA Framing Company, JJA Construction, Inc., and JJA Framing Company (collectively, the “JJA Defendants”), on May 24, 2018. Plaintiff Penn National seeks a declaratory judgment that certain policies of insurance issued by Plaintiff Penn National to the JJA Defendants do not provide coverage to the JJA Defendants for the claims asserted against the JJA Defendants in two related underlying construction defect actions captioned “Oak Bluff Homeowners Association, Inc. v. Portrait Homes-South Carolina, LLC, et al., ” (C.A. No. 2013-CP-10-7067) and “John F. Kelly, on behalf of himself and others similarly situated v. Portrait Homes- South Carolina, LLC, et al., ” (C.A. No. 2013-CP-10-7066), pending in the Court of Common Pleas for the County of Charleston, South Carolina (collectively, the “Underlying Construction Defect Litigation”). This case is brought pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. §2201, et seq. and Rule 57 of the Federal Rules of Civil Procedure. The record shows that Plaintiff Penn National served JJA Defendants with process pursuant to Rule 4 of the Federal Rules of Civil Procedure on June 1, 2018. [D.E. 6, 7, and 8] The JJA Defendants did not file a responsive pleading to the Complaint, and the Clerk of Court entered an entry of default against the JJA Defendants on July 5, 2018. [D.E. 10] The Entry of Default was served on the JJA Defendants by U.S. Mail on July 9, 2018. [D.E. 11]

         Plaintiff Penn National now moves for Default Judgment as against the JJA Defendants. This Motion for Default Judgment was filed on August 30, 2018, and also served on the JJA Defendants by U.S. Mail. The JJA Defendants have not appeared or defended this action in any way.

         DISCUSSION

         Upon default, the well-pleaded facts alleged in the Complaint are deemed admitted. See Ryan v. Homecomings Fin. Network, 253 F.3d 778, 780 (4th Cir. 2001). Based upon Plaintiff Penn National's Complaint, the following facts are established.

         The JJA Defendants were sued in two related construction defect civil actions captioned “Oak Bluff Homeowners Association, Inc. v. Portrait Homes-South Carolina, LLC, et al., ” C.A. No. 2013-CP-10-7067 (the “Underlying HOA Construction Defect Action”) and “John F. Kelly, on behalf of himself and others similarly situated v. Portrait Homes-South Carolina, LLC, et al., ” C.A. No. 2013-CP-10-7066 (the “Underlying Construction Defect Class Action”) filed in the Court of Common Pleas for Charleston County, SC.[1] It is alleged in the Underlying Construction Defect Litigation that the JJA Defendants performed defective work on a townhome project located in Charleston, South Carolina, known as Oak Bluff.

         On August 24, 2014, the JJA Defendants were personally served with a copy of the Summonses and Complaints in the Underlying Construction Defect Litigation. After the JJA Defendants failed to plead or otherwise respond to the Complaints in the Underlying Construction Defect Litigation, the court entered an Order of Default against the JJA Defendants in the Underlying Construction Defect Class Action on April 17, 2015, and entered an Order of Default against the JJA Defendants in the Underlying HOA Construction Defect Action on April 23, 2015.

         Plaintiff Penn National issued the following commercial general liability policies to the JJA Defendants:

a. Commercial General Liability Policy No. GL9 0601617 issued to “Jose Castillo d/b/a JJA Framing Company” at 3000 Colvard Parkway, Charlotte, NC 28269, effective from December 5, 2002 to March 2, 2005.
b. Commercial General Liability Policy No. GL9 0601617 issued to “JJA Construction, Inc.” at 11227 East Field Road, Hendersonville, NC 28078, effective from March 2, 2005 to December 5, 2006.
c. Commercial General Liability Policy No. GL9 0601617 issued to “JJA Construction, Inc.” at 9496 Highway 778 Lot 2, Ladson, SC 29456, effective from December 5, 2006 to December 5, 2008.
d. Commercial General Liability Policy No. GL9 0649575 issued to “JJA Framing Company” at 9496 Highway 78 Lot 2, Ladson, SC 29456, effective ...

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.