Judge: Robert C. Longstreth, Case: 37-2022-00047162-CU-IC-CTL, Date: 2023-12-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 28, 2023

12/29/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Insurance Coverage Summary Judgment / Summary Adjudication (Civil) 37-2022-00047162-CU-IC-CTL MAPFRE INSURANCE COMPANY VS KEATON [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 05/16/2023

Plaintiff MAPFRE Insurance Company's unopposed Motion for Summary Judgment is GRANTED against the Gerber Defendants. (ROA 34.) Plaintiff initially filed a Complaint against Defendants Carole Keaton, John Randall Keaton, Graydon Gerber Sr., and Jordon Gerber on November 10, 2022. Default was entered against Carole Keaton on March 10, 2023 and against John Randall Keaton on April 13, 2023. (ROA 22, 30.) Plaintiff also dismissed its third and fourth causes of action without prejudice on April 6, 2023. (ROA 27.) As against Defendants Carole Keaton and John Randall Keaton, the court has no jurisdiction to consider the motion in light of the entry of default against them, and thus the court has not considered the motion as against these Defendants. (See W.A. Rose Co. v. Municipal Court (1959) 176 Cal.App.2d 67, 72.) As against Defendants Graydon Gerber Sr., and Jordon Gerber, Plaintiff asserts in its second cause of action that it is entitled to declaratory relief that Plaintiff has no duty to indemnify the Keaton Defendants for any damages that may be awarded in the underlying action by the Gerber Defendants against the Keaton Defendants. This is the only cause of action asserted against the Gerber Defendants. Plaintiff has submitted evidence sufficient to establish it does not owe a duty to indemnify the Keaton Defendants for the Gerber Defendants' damages in the underlying action, since the underlying action does not allege 'bodily injury' or 'property damages' within the meaning of the subject insurance policies, and the motion is unopposed. Accordingly, as against the Gerber Defendants, Plaintiff's motion for summary judgment is granted.

Plaintiff is to submit a proposed Judgment as to Defendants Graydon Gerber Sr. and Jordon Gerber within five (5) days.

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