Free Exhibits - District Court of California - California

Case 3:07-cv-02952-WHA Document 210 Filed 07/14/2008 Page 1 of 3
Case 3 07~ov—020§2~tv%*btA Document 202 Ftied 07i·'03f2008 Page t ot 3
l
-
3 .
4
-
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
S
K
l0 DEL MAR SEAFOODS INC., No. C 07-02952 WHA _
ig I l Piaintiff,
‘¤ si
g Q l2 v. JUDGMENT
U E
§ 0 13 BARRY COHEN, CHRIS COHEN (a/k./a _
Qt; _`<`L'S CHRISTINE COHEN), in personnm, and
-$ é l4 FIV POINT LOMA, Official Number 515298, a
i gj 1968 steebhulled, l26—gross ton, 70.8 foot long
..9 E E5 fishing vessel, her engines, tackle, furniture
gf Fg apparel, etc., in rem, and DOES l—~—10,
`SZZ _ 16
E Q Defendant.
E gg 17 _ p x
Lg is
This matter was tried before the Court on May 20, 22, and 23, 2008Q Closing arguments
19 ·
were held on June 17, 2008. On June 19, 2008, the Court issued its Findings ofliact and
20
Conclusions of Law After Bench Trial.
2l . i
The Court hereby enters judgment as follows;
22
l. Defendants are not in breach of their promissory note in favor of Plaintiff.
23
a. The total amount unpaid under the note is $65,066.81, which amount is a debt
24
. secured by the ship mortgage given by Defendants to Plaintiff
25 I
b. No interest is due on the note; interest has been waived by Plaintiff.
26
e. Because of previous payments, Defendants would be obligated to begin making
27
monthly payments on the promissory note sornetirnc in 2009. The amount
28 .
remaining on the note, however, shall be paid by Defendants as an offset in
accordance with paragraph 5 below.

Case 3:07-cv-02952-WHA Document 210 Filed 07/14/2008 Page 2 of 3
Case 3:07~icy~020·€i2—WriA Dortument 2202 Filed 0?’:°03/2008 Page 2 of 3
l 2. Defendants are obligated to Plaintiff for unsecured debts inthe amount of $63,68} ,26,
2 _ which amount is due and owing and shall be paid by Defendants as an offset in
3 accordance with paragraph 5 below. i
4 3. Because Defendants are not in breach of the promissory note and Plaintiff acted in bad
_ 5 faith, Plaintiff s arrest of Defendants’ fishing vessel POINT LOMA was wrongful.
_ 6 a. Plaintiff is liable for damages caused to Defendants in the amount of $34,400.
7 b. Damages for the wrongful arrest shalt be due and owing ten (l0) days after this
8 i Court issues an order pursuant to paragraph 4, below.
9 4. Defendants, as the prevailing party in this case, are entitled to recover ali reasonable
10 attorney’s fees and costs in defending this litigation and in prosecuting the counterclaim,
11 in an amount to be subsequently determined by the Court. Such amount shall be paid by
E § 12 Plaintiff to Defendants within ten (10) days after this Court issues an order deterrnining
E TQ l3 the amount to be paid.
E 14 5. All amounts owed by Defendants to Plaintiff as secured and unsecured debt shall be
E @ 15 offset against the payment by Plaintiff of (al the damages for the wrongful arrest, and
Q il; 16 (b) the amount of attorney’s fees and costs awarded by the Court to Defendants.
§ 17 6. Upon payment of (a) damages for the wrongful arrest and (b) attorney’s fees and costs
ig 18 by Plaintiff to Defendants, as offset by Defendants’ secured and unsecured debt to
19 Plaintiff`, all secured and unsecured debt shall be reieased and satisfied in full. The note
. 20 and mortgage shall be discharged and Plaintiff shall cooperate with Defendants in
2l preparing and submitting the necessary application for release of the ship mortgage to
22 the United States Coast Guard.
23 7. After determination of the amount of attorney’s fees and costs to be awarded, any -
24 i unpaid amount of such attorney’s fees and costs and any unpaid damages and interest
25 for the wrongful arrest shall bear interest at 2.46% or the most current weekly average
26 rate for the calendar week preceding the date of judgment.;
27 _
28 I The rateicf 2,46% is derived from the weekly average of the l-year constant Treasury yield for the week ending
June 27, 2008 as ser forth in Attachment 1.
-

Case 3:07-cv-02952-WHA Document 210 Filed 07/14/2008 Page 3 of 3
Came 3i0?~1;v~—02Q52—\/\/féfk %T.}C>Ci.31”?E:*?lf`$`€ 202 Féieci G4?/03/2008 ?’ege 3 01* 3 .
E 8. This Court shztil 1`€tEl1!E_jUT3SdiC[1L)"§] in this matter until final cietctminatien efthe amount
2 ewed by Plaintiff for e1tte1~ney’s fees and costs.
3 .
4 IT IS SO ORDERED.
-
pf".} Mw
6 Dated: July 3, 2008.
WTLLT/W1 ALSUP
7 . UNITED STATES DISTRICT JUDGE
8
9 ,
10
Ig I]
`C :€
g 12
U , `
jg jeg 13
E 14
5 E
g Q 15 `
Q 15 16
1;* 2
5 pg E7
[L5 18
19
0 20 ‘
2]
22
23
24
25
26
27
28 .
3

Case 3:07-cv-02952-WHA

Document 210

Filed 07/14/2008

Page 1 of 3

Case 3:07-cv-02952-WHA

Document 210

Filed 07/14/2008

Page 2 of 3

Case 3:07-cv-02952-WHA

Document 210

Filed 07/14/2008

Page 3 of 3