Judge: Colin Leis, Case: 21STCV22757, Date: 2023-08-11 Tentative Ruling

Case Number: 21STCV22757    Hearing Date: August 11, 2023    Dept: 74

Arturo Mendez Gonzalez v. Nations Insurance Company, et al.

Motion for Summary Judgment or, in the alternative, Summary Adjudication

The court considered the moving papers, opposition, and reply. The court did not consider the surresponse and surreply. All objections are preserved.

Defendant’s motion does not comply with California Rule of Court, rule 3.1350. That noncompliance is reason enough by itself to deny summary adjudication, and the court does so.

As for summary judgment (and as additional grounds for denying summary adjudication), the court notes the following. Defendant recites its uncertainty about a possible 3^rd party claim as its reason for delaying accepting Plaintiff’s policy-limits demand. But Defendant learned on December 14, 2017, that the 3^rd party claimant was not going to file a claim. Plaintiff offers evidence that would permit a jury to find that Defendant nevertheless waited two more months after December 14 until February 21, 2018, to accept Plaintiff’s policy-limits demand. (Szabo Decl., 20, 21; Exh F) The reasonableness of that two-month delay is a triable issue. The court therefore denies summary judgment.