West Bend Insurance Company v. Veranda Commons Condominium Association et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
West Bend Insurance Company,
Plaintiff,
v.
Veranda Commons Condominium
Association, et al.,
Defendants.
No. CV-24-00249-PHX-DLR
ORDER
Plaintiff West Bend Mutual Insurance Company (“West Bend”) filed this action
seeking a declaratory judgment that it had no duty to defend and indemnify Defendant
Veranda Commons Condominium Association (“Veranda”) in an underlying state action
brought by Defendant Pomona Properties, LLC (“Pomona”). (Doc. 1.) Veranda and
Pomona are represented by counsel. They answered and participated in discovery (see
Docs. 20, 27, 40), but after West Bend moved for summary judgment (Doc. 57), neither
Veranda nor Pomona responded. The Court eventually granted summary judgment in favor
of West Bend. (Doc. 61.)
Thereafter, West Bend moved for an award of $53,048.00 in attorney fees against
Veranda and Pomona pursuant to A.R.S. § 12-341.01, which authorizes the Court to award
attorney fees to the successful party in an action arising out of contract. (Doc. 63.) Neither
Veranda nor Pomona responded to this motion, either. However, West Bend and Veranda
subsequently entered into a settlement agreement resolving Veranda’s attorney fee
Case 2:24-cv-00249-DLR Document 71 Filed 02/03/26 Page 1 of 2

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liability. (Doc. 67.) West Bend asks the Court to summarily grant its attorney fee motion
against Pomona pursuant to Local Rule of Civil Procedure 7.2(i) (Id.), and it clarifies that
the fee award against Pomona should be subject to a $25,000.00 offset for attorney fees
that Veranda has already paid West Bend per their settlement agreement (Doc. 70).
On review, West Bend’s motion for attorney fees against Pomona is granted for two
independent reasons. First, despite notice and ample opportunity to respond, Pomona failed
to respond to West Bend’s motion and under this Court’s local rules such a failure may be
construed as consent to the granting of the motion. LRCiv. 7.2(i). Second, on its merits
West Bend has shown it is entitled to its fees and its requested fees are reasonable.
IT IS ORDERED that West Bend’s motion for attorney fees (Doc. 63) is
GRANTED as follows. West Bend is entitled to an award of $28,048.00 in attorney fees
against Pomona, representing the $53,048.00 in fees West Bend reasonably incurred offset
by the $25,000.00 Veranda previously paid West Bend per their settlement of the fee issue.
Dated this 3rd day of February, 2026.
Douglas L. Rayes
Senior United States District Judge
Case 2:24-cv-00249-DLR Document 71 Filed 02/03/26 Page 2 of 2