Judge: Kevin C. Brazile, Case: 23STCV25594, Date: 2025-01-09 Tentative Ruling

Hearing Date: January 9, 2025

Case Name: Spicer, et al. v. State Farm General Insurance Company, et al.

Case No.: 22STCV05116

Matter: Motion for Summary Judgment/Adjudication

Moving Party: Defendant State Farm General Insurance Company

Responding Party: Unopposed

Notice: OK

Ruling: The Motion for Summary Judgment is granted.

Moving party to give notice.

The Court encourages all parties to appear remotely via LA CourtConnect.  If submitting on the Court's tentative ruling, please follow the instructions provided above.

On May 9, 2022, Plaintiffs Darren Spicer and Cristina Salvato filed the operative First Amended Complaint (“FAC”) against Defendant State Farm General Insurance Company for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) negligence.  Plaintiffs allege that Defendant improperly denied insurance coverage for remediation relating to Plaintiffs’ attic insulation, which made Plaintiffs’ home uninhabitable.

On September 28, 2022, the Court sustained Defendant’s demurrer to the third cause of action, without leave to amend.

Defendant State Farm General Insurance Company now seeks summary judgment or, alternatively, summary adjudication of the FAC.

The Motion for Summary Judgment is granted because there is no opposition, including a separate statement of undisputed fact.  (Code Civ. Proc. § 437c(b)(3).)  The RJN is granted.

Moving party to give notice.