California Central District Court
Judge:John F Walter
Referred: Patricia Donahue
Case #: 2:24-cv-02191
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Insurance Contract
Case Filed:Mar 18, 2024
Last checked: Saturday Sep 14, 2024 1:36 AM PDT
Defendant
Benchmark Insurance Company
Represented By
John R Campo
Branson Brinkop Griffith And Campo LLP
contact info
Defendant
Starr Indemnity and Liability Company
Defendant
Allied World Assurance Company US Inc.
Represented By
John H Podesta
Wilson Elser
contact info
Kimberly Dawn Pye
Wilson Elser
contact info
Defendant
Rockhill Insurance Company
Represented By
Matthew Clark Lovell
Nicolaides Fink Thorpe Michaelides Sullivan LLP
contact info
Tianyu Xie
Nicolaides Fink Thorpe Michaelides Sullivan LLP
contact info
Timothy P Kitt
Nicolaides Fink Thorpe Michaelides Sullivan
contact info
Defendant
Peleus Insurance Company
Represented By
Tyler Jonathan Lindberg
Freeman Mathis & Gary LLP
contact info
Jay Graif
Freeman Mathis And Gary LLP
contact info
Defendant
Liberty Mutual Fire Insurance Company
Represented By
Matthew Clark Lovell
Nicolaides Fink Thorpe Michaelides Sullivan LLP
contact info
Tianyu Xie
Nicolaides Fink Thorpe Michaelides Sullivan LLP
contact info
Timothy P Kitt
Nicolaides Fink Thorpe Michaelides Sullivan
contact info
Defendant
James River Insurance Company
Represented By
Birgit A Huber Willand
Selman Leichenger Edson Hsu Newman And Moore LLP
contact info
Birgit Huber Willand
Selman Leichenger Edson Hsu Newman And Moore LLP
contact info
Gregory J Newman
Selman Leichenger Edson Hsu Newman And Moore LLP
contact info
Defendant
Ironshore Specialty Insurance Company
Represented By
Matthew Clark Lovell
Nicolaides Fink Thorpe Michaelides Sullivan LLP
contact info
Tianyu Xie
Nicolaides Fink Thorpe Michaelides Sullivan LLP
contact info
Timothy P Kitt
Nicolaides Fink Thorpe Michaelides Sullivan
contact info
Defendant
First Specialty Insurance Corporation
Represented By
Gregory Donald Stephan
Grimm Vranjes And Greer LLP
contact info
Matthew Morache
Grimm Vranjes And Greer LLP
contact info
Defendant
First Mercury Insurance Company
Represented By
Robert W Keaster
Keaster Law Group LLP
contact info
Defendant
ACE American Insurance Company
Represented By
David Ktshozyan
Clyde And Co Us LLP
contact info
Plaintiff
Centex Real Estate Company, LLC
Represented By
Sarah J. Odia
Payne And Fears LLP
contact info
Scott S Thomas
Payne And Fears LLP
contact info
Blake Alexander Dillion
Payne And Fears LLP
contact info
Plaintiff
Centex Homes
Represented By
Sarah J. Odia
Payne And Fears LLP
contact info
Scott S Thomas
Payne And Fears LLP
contact info
Blake Alexander Dillion
Payne And Fears LLP
contact info
Plaintiff
Pulte Home Company, LLC
Represented By
Sarah J. Odia
Payne And Fears LLP
contact info
Scott S Thomas
Payne And Fears LLP
contact info
Blake Alexander Dillion
Payne And Fears LLP
contact info
ThirdParty Defendant
Contractors Insurance company of North America, Inc.
Represented By
Samuel Morton Danskin, I
Hall Griffin LLP
contact info
ThirdParty Plaintiff
Benchmark Insurance Company
Represented By
John R Campo
Branson Brinkop Griffith And Campo LLP
contact info
TERMINATED PARTIES
Defendant
Kinsale Insurance Company
Terminated: 07/12/2024
Represented By
Matthew J. Hafey
Nicolaides Fink Thorpe Michaelides Sullivan LLP
contact info
Andrew Telles Wyatt
Nicolaides Fink Thorpe Michaelides Sullivan LLP
contact info
Defendant
HDI Global Specialty SE
Terminated: 07/16/2024
Defendant
United Specialty Insurance Company
Terminated: 04/22/2024
Represented By
Tyler Jonathan Lindberg
Freeman Mathis & Gary LLP
contact info
Jay Graif
Freeman Mathis And Gary LLP
contact info
Defendant
Twin City Fire Insurance Company
Terminated: 08/02/2024
Represented By
Sonia S Waisman
Mccloskey, Waring, Waisman And Drury LLP
contact info
Heather Lynn McCloskey
Mccloskey, Waring And Waisman LLP
contact info
Defendant
QBE Specialty Insurance Company
Terminated: 06/21/2024
Represented By
Aaron Tristan Knapp
Lewis Brisbois Bisgaard And Smith LLP
contact info
Defendant
Old Republic Insurance Company
Terminated: 07/02/2024
Represented By
Bryan M Barber
Barber Law Group
contact info
Defendant
Clear Blue Specialty Insurance Co.
Terminated: 05/03/2024
Represented By
Jamie L Vels
Lewis Brisbois Bisgaard & Smith
contact info


Docket last updated: 05/09/2025 11:59 PM PDT
Wednesday, May 07, 2025
220 220 3 pgs order Order ~Util - Add and Terminate Parties Thu 05/08 1:11 PM
ORDER GRANTING JOINT STIPULATION TO DISMISS AS TO THE FOLLOWING219 : BENCHMARK INSURANCE COMPANY AS DEFENDANT; BENCHMARK'S THIRD- PARTY COMPLAINT (Dkt. 153) CICNA'S CROSS COMPLAINT AGAINST BENCHMARK (Dkt. 175) by Judge John F. Walter. SEE ORDER FOR DETAILS. (iv)
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219 219 stip Dismiss Party Wed 05/07 1:14 PM
Joint STIPULATION to Dismiss Defendant, Third Party Plaintiff and Cross-Defendant Benchmark Insurance Company filed by Defendant, Third Party Plaintiff and Cross-Defendant Benchmark Insurance Company.(Campo, John)
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Att: 1 Proposed Order Proposed Order Granting Joint Stipulation to Dismiss Benchmark Insurance Company
Monday, May 05, 2025
218 218 misc Response Mon 05/05 2:54 PM
RESPONSE filed by Plaintiff Pulte Home Company, LLCto Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,,214 (Odia, Sarah)
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217 217 notice Notice of Lodging Mon 05/05 11:48 AM
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to Duty to fully defend Pulte Home Company, LLC 206(Odia, Sarah)
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Att: 1 Proposed Order PROPOSED ORDER GRANTING MOTION FOR SUMMARY JUDGMENT
216 216 respm Declaration (Motion related) Mon 05/05 10:12 AM
DECLARATION of Sarah J. Odia in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Duty to fully defend Pulte Home Company, LLC 206 filed by Plaintiff Pulte Home Company, LLC.(Odia, Sarah)
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Att: 1 Exhibit 14; USICs initial disclosures, confirming USIC issued the following policies to GreenBee: BTO1416786; BTO1527625; and DBRUS000304-00,
Att: 2 Exhibit 15; USICs correspondence dated February 15, 2021, wherein it accepts Pultes additional insured tender of defense,
Att: 3 Exhibit 16; Pultes December 20, 2019 tender of defense and indemnity to USIC under all GreenBee policies
215 215 respm Declaration (Motion related) Mon 05/05 10:07 AM
DECLARATION of Luanne Whittaker in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Duty to fully defend Pulte Home Company, LLC 206 filed by Plaintiff Pulte Home Company, LLC.(Odia, Sarah)
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Att: 1 Exhibit 1; Master Land Trade Contractor Master Agreement executed by GreenBee on November 4, 2010,
Att: 2 Exhibit 2; Amendment to Master Land Trade Contractor Master Agreement executed by GreenBee on February 25, 2013,
Att: 3 Exhibit 3; Master Trade Contractor Master Agreement executed by GreenBee on November 21, 2015,
Att: 4 Exhibit 4; Housing and Consultant Contractor Agreement Pulte Home Corporation Work Order (flatwork) executed by GreenBee on July 24, 2014,
Att: 5 Exhibit 5; Housing and Consultant Contractor Agreement Pulte Home Corporation Work Order (foundation) executed by GreenBee on August 11, 2014,
Att: 6 Exhibit 6; Concrete Flatwork Scope of Work (ALL Pulte Southern California Communities) executed by GreenBee on October 8, 2015,
Att: 7 Exhibit 7; Concrete Foundation Scope of Work (ALL Pulte Southern California Communities) executed by GreenBee on October 8, 2015,
Att: 8 Exhibit 8; Notices of Claim pursuant to California Civil Code Section 910, notifying Pulte of alleged property damage as a result of defective construction, and initiating the pre-litigation "right to repair" procedure under California Civil Code § 895, et seq.,
Att: 9 Exhibit 9; Civil action against Pulte, entitled Lorne Abby, et al. v. Centex Homes, et al., Riverside County Superior Court, Case No. RIC2003924,
Att: 10 Exhibit 10; Minute Order 4/13/21 Compeling arbitration on an individual, home-by-home basis, and stayed the action,
Att: 11 Exhibit 11; Cross-Complaint filed by Pulte on 1/3/24,
Att: 12 Exhibit 12; Homeowner Matrix,
Att: 13 Exhibit 13; Certificates of Insurance identifying Pulte as an additional insured on USIC policies
Thursday, May 01, 2025
214 214 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines Fri 05/02 10:25 AM
MINUTE (IN CHAMBERS) ORDER STRIKING DECLARATION OF LUANNE WHITTAKER IN SUPPORT OF PUTLE HOME COMPANY, LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST UNITED SPECIALTY INSURANCE COMPANY [filed 4/30/25; Docket No.208 ]; ORDER STRIKING DECLARATION OF SARAH J. ODIA IN SUPPORT OF PUTLE HOME COMPANY, LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST UNITED SPECIALTY INSURANCE COMPANY [filed 4/30/25; Docket No.209 ]; and ORDER TO SHOW CAUSE RE SANCTIONS by Judge John F. Walter. Plaintiffs' counsel are ordered to show cause, in writing, on or before May 5,2025, why the Court should not impose sanctions in the amount of $2,500.00 for their repeated violations of the Local Rules, the Court's Standing Order, and the CMO. (iv)
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213 213 notice Deficiency in Filed Documents (G-112A) - optional html form Thu 05/01 2:48 PM
NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Motion for Summary Judgment206 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. A party seeking summary judgment shall lodge a proposed Judgment; a party seeking partial summary judgment shall lodge a proposed Order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv)
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Wednesday, April 30, 2025
212 212 notice Notice of Appearance or Withdrawal of Counsel (G-123) Wed 04/30 2:31 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Jamie L Vels counsel for Defendant QBE Specialty Insurance Company. Jamie L. Vels will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Jamie L. Vels is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant QBE Insurance Corporation. (Attorney Jamie L Vels added to party QBE Specialty Insurance Company(pty:dft))(Vels, Jamie)
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211 211 respm Statement (Motion related) Wed 04/30 12:54 PM
STATEMENT of SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AGAINST UNITED SPECIALTY INSURANCE COMPANY NOTICE OF MOTION AND MOTION for Summary Judgment as to Duty to fully defend Pulte Home Company, LLC 206 filed by Plaintiff Pulte Home Company, LLC. (Odia, Sarah)
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210 210 respm Declaration (Motion related) Wed 04/30 12:50 PM
DECLARATION of Michael Mawson in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Duty to fully defend Pulte Home Company, LLC 206 filed by Plaintiff Pulte Home Company, LLC. (Odia, Sarah)
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209 209 respm Declaration (Motion related) Wed 04/30 12:47 PM
DECLARATION of Sarah J. Odia in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Duty to fully defend Pulte Home Company, LLC 206 filed by Plaintiff Pulte Home Company, LLC.(Odia, Sarah)
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Att: 1 Exhibit 14,
Att: 2 Exhibit 15,
Att: 3 Exhibit 16
208 208 respm Declaration (Motion related) Wed 04/30 12:39 PM
DECLARATION of Luanne Whittaker in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Duty to fully defend Pulte Home Company, LLC 206 filed by Plaintiff Pulte Home Company, LLC.(Odia, Sarah)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Exhibit 4,
Att: 5 Exhibit 5,
Att: 6 Exhibit 6,
Att: 7 Exhibit 7,
Att: 8 Exhibit 8,
Att: 9 Exhibit 9,
Att: 10 Exhibit 10,
Att: 11 Exhibit 11,
Att: 12 Exhibit 12,
Att: 13 Exhibit 13
207 207 respm Notice of Motion Wed 04/30 12:01 PM
NOTICE OF MOTION re NOTICE OF MOTION AND MOTION for Summary Judgment as to Duty to fully defend Pulte Home Company, LLC 206 filed by Plaintiff Pulte Home Company, LLC. Motion set for hearing on 6/2/2025 at 01:30 PM before Judge John F. Walter. (Odia, Sarah)
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206 206 motion Summary Judgment Wed 04/30 11:59 AM
NOTICE OF MOTION AND MOTION for Summary Judgment as to Duty to fully defend Pulte Home Company, LLC filed by Plaintiff Pulte Home Company, LLC. Motion set for hearing on 6/2/2025 at 01:30 PM before Judge John F. Walter. (Odia, Sarah)
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