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Ill'tIpp
* I
* SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
Oi5t» 400 County Center
Redwood City, CA 94063
AFFIDAVITOF MAILING
OCT ZO
Ci 0 LiOUA
BJJ
/llERUTT CLERK
Case Number: CIV517132
GEORGE MARDIKIANV WAWANESA GENERAL INSURANCE COMPANY
I DECLARE UNDER PERJURY THAT ON THE FOLLOWING DATE I DEPOSITED IN
THE UNITED STATES POST OFFICE MMLBOX AT REDWOOD CITY A TRUE COPY
OF THE FOREGOING DOCUMENT, ENCLOSED IN AN ENVELOPE WITH THE
PROPER AND NECESSARY POSTAGE PREPAID THERON, AND ADDRESSED TO
THE ABOVE RESPONDENTS:
DATE: OCTOBER29,2014 BY:
//
// / Deputy Clerk
COPIES SENT TO THE FOLLOWING:
'NDORSED
DAY LAW OFFICES
MONTE S. DAY
1235 CASA PALERMO CIRCLE
HENDERSON, NEVADA 89011
~p-,;C-„-,„liVK9
1 DAY LAW OFFICE
MontieS.Bay,007 3 8 Of T g ). PP)3 ,iII Il 11/ 11I iiI>
2 Attorneys at La> SAM I,'QVM I Y
k~,~,T',.--.0
1235 Casa Pale i Circle Sup~>
3 Henderson,
Tel (208) 2
iN veda
0/766
89011 OC'9~ I
4 Email msd ycsq@aol corn Cl i i "'iJwQUft
5
At orneys for Plaintiff George Mardikian
/ DEPUTY CLERK
6
SUPERIOR COURT OF THF. STATE OF CALIFORN1A
9
COUNTY OF SAN MA rEO
10
11 GEORGE MARDIKIAN, )
) CASE NO. CIV 517132
12 Plaintiff, )
) ORDER ON MOTION I"OR SUMMARY
13 vs ) JUDGMENT AND/OR SUMMARY
i ADJUDICATION gS g//JJJJJSi C MidSE /glI
14 WAWANESAGENERAI.
INSURANCE COMPANY, a
) MAfzoWi&V i p ljt
gD~X" r
)
15 corporation, and DOES 1through 50, )
mclusivc, ) Hearing Date'ctober 8, 2013
16 ) Time 9 00 a.m.
Defendants ) Deparimcnt Law and Motion
17 )
(UNLIMITEDJURISDICTION
Filed October 3, 2012
1'nal Date. November 12, 2013
19
20 Thc defendant Wawanesa General Insurance Company's motion for summary
21 Judgment and/oi summary ad)udication came on regularly bcfoie the Ilonorable Gerald J
22 Buchwald, Department 10, for hearing on October 8, 2013 The plaintiffis represented and
23 appeared by his counsel Montie S, Day of Day Law Office Thc defendant is reprcscntcd and
24 appeared by their counsel Alexandra N Selfridge of thc Law Offices of'enneth N,
25 Grccnfield.
26 The Court heard and considered the oral arguments of counsel, and after duc
27 consideiation, adopts the tentative ruling as the ruling of this Court.
28
ORDER ON MOTION I Uk SUMMARY IUD OMENT/SUMMARY
A D I U D ICATION
RECEIVEG
SAN MATEO COUNTY'T
Sl 2014
Cterk ot the Superior Cou
1 WHEREFORE, I1 IS ORDERFD
2 MOTION FOR SUMMARY JUDGIVIENT/SUMMARY ADJVDICA 1'ION OF
3 ISSUES BY WAWANESA GENERAL INSURANCE COMPANY AGAINST GEORGF
4 MARDIIZIAN
5 DENIED. Defendant Wawancsa General Insurance Company's Motion for Summary
6 Judgment and Alternative Motion for Summary AdJudication on the Second Cause of Action
7 are Denied.
8 Nature of Action
9 This is an insurance coverage and bad faith action arising from the denial of coverage
10 for fire damage to a newly purchased vintage 1964 Cadillac Eldorado convertible vehicle
11 while being shipped from Michigan to Plaintiff m South San Francisco, Cahfornia
12 Ruling on Objections
13 The Objections of Dcfcndan( are SUSTAINED, in part, and OVERRULED, in part.
14 ObJcction Nos 1-4, 6-9, 12-15, 18-20, 29-31, 33, 35-38, 46-47, 49, 57 arc sustained
15 ObJcction Nos 5, 10, 11, 16, 17, 21-28, 32, 34, 39-45, 48, 50-56 are overruled
]6 Thc ObJcctions of Plaintiff are OVERRULED in their entirety because Plaintiff
17 failed to comply with California Rules of'Court, rulc 3 1354(b)
18 Thc Couit notes that both Plaintiff and Dcfcndant failed to comply with California
19 Rules of Court., Rule 3 1110(f), with rcspcct to the preparation of their exhibits and thus both
20 the Motion papers and Opposition papers arc defective
21 The Merits of the Motion
22 Going to the merits of the Motion, however, Defendant must show that Plaintiff
23 cannot establish one oi more elements of thc cause of action. (Aguilai v Atlantic Richfield
24 Co (2001) 25 Cal,4th 826, 853). Defendant essentially contends that Plaintiff cannot
25 establish the element of brcach by asserting that Plaintiff owned thc vehicle in Dcccmbcr of
26 2011, which would result in thc fact that the vehicle was not, covered by thc insurance policy.
27 Plaintiff contcncls that he did not own thc vehicle until January or February of 2012, which
ORDER ON MO I ION FOR SUMMARY JUDGMFNT/SUMMARY
A D I U D I C A'I 10 N
1 supports denial of the instant motion Because this material fact is disputed, thc instant
2 motion for summary judgment/summaiy adJudication is Denied
Defendant failed to meet his initial burden by faihng to establish that 1'laintiffowned
4 the subJcct vehicle in December of 2011 with respect to both causes of action. (CCP )
5 437c(p)(2), Aguilar v Atlantic Richfield Co (2001) 25 Cal.4th 826, 853-854)
6 For the same ieasons, UMF Nos. 11 and 34 arc disputed Consequently, the instant
7 motion for summary judgment and motion for summary adJudication iswithout nicnt. (CCP
8 $ 437c(p)(2); Aguilar v Atlantic Richfield Co. (2001) 25 Ca14th 826, 850).
)T Is SQ QRI3ERED
9
10 Date l~/~Z/jYAl> fata
pay ~-eAh- lyjpgji. Judge of thc Superior Court
12
13
14
15 A roved as to form
17 cxandra N, elfri gc, Attorney for
Defendant Wawancsa General Insurance
18 Company
19
20
21
22
23
24
25
26
27
ORDFR ON MOTION FOR SUMMAItY JUDUMDN IFSUMMARY
ADIUDIOAI ION
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Ill'tIpp * I * SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO Oi5t» 400 County Center Redwood City, CA 94063 AFFIDAVITOF MAILING OCT ZO Ci 0 LiOUA BJJ /llERUTT CLERK Case Number: CIV517132 GEORGE MARDIKIANV WAWANESA GENERAL INSURANCE COMPANY I DECLARE UNDER PERJURY THAT ON THE FOLLOWING DATE I DEPOSITED IN THE UNITED STATES POST OFFICE MMLBOX AT REDWOOD CITY A TRUE COPY OF THE FOREGOING DOCUMENT, ENCLOSED IN AN ENVELOPE WITH THE PROPER AND NECESSARY POSTAGE PREPAID THERON, AND ADDRESSED TO THE ABOVE RESPONDENTS: DATE: OCTOBER29,2014 BY: // // / Deputy Clerk COPIES SENT TO THE FOLLOWING: 'NDORSED DAY LAW OFFICES MONTE S. DAY 1235 CASA PALERMO CIRCLE HENDERSON, NEVADA 89011 ~p-,;C-„-,„liVK9 1 DAY LAW OFFICE MontieS.Bay,007 3 8 Of T g ). PP)3 ,iII Il 11/ 11I iiI> 2 Attorneys at La> SAM I,'QVM I Y k~,~,T',.--.0 1235 Casa Pale i Circle Sup~> 3 Henderson, Tel (208) 2 iN veda 0/766 89011 OC'9~ I 4 Email msd ycsq@aol corn Cl i i "'iJwQUft 5 At orneys for Plaintiff George Mardikian / DEPUTY CLERK 6 SUPERIOR COURT OF THF. STATE OF CALIFORN1A 9 COUNTY OF SAN MA rEO 10 11 GEORGE MARDIKIAN, ) ) CASE NO. CIV 517132 12 Plaintiff, ) ) ORDER ON MOTION I"OR SUMMARY 13 vs ) JUDGMENT AND/OR SUMMARY i ADJUDICATION gS g//JJJJJSi C MidSE /glI 14 WAWANESAGENERAI. INSURANCE COMPANY, a ) MAfzoWi&V i p ljt gD~X" r ) 15 corporation, and DOES 1through 50, ) mclusivc, ) Hearing Date'ctober 8, 2013 16 ) Time 9 00 a.m. Defendants ) Deparimcnt Law and Motion 17 ) (UNLIMITEDJURISDICTION Filed October 3, 2012 1'nal Date. November 12, 2013 19 20 Thc defendant Wawanesa General Insurance Company's motion for summary 21 Judgment and/oi summary ad)udication came on regularly bcfoie the Ilonorable Gerald J 22 Buchwald, Department 10, for hearing on October 8, 2013 The plaintiffis represented and 23 appeared by his counsel Montie S, Day of Day Law Office Thc defendant is reprcscntcd and 24 appeared by their counsel Alexandra N Selfridge of thc Law Offices of'enneth N, 25 Grccnfield. 26 The Court heard and considered the oral arguments of counsel, and after duc 27 consideiation, adopts the tentative ruling as the ruling of this Court. 28 ORDER ON MOTION I Uk SUMMARY IUD OMENT/SUMMARY A D I U D ICATION RECEIVEG SAN MATEO COUNTY'T Sl 2014 Cterk ot the Superior Cou 1 WHEREFORE, I1 IS ORDERFD 2 MOTION FOR SUMMARY JUDGIVIENT/SUMMARY ADJVDICA 1'ION OF 3 ISSUES BY WAWANESA GENERAL INSURANCE COMPANY AGAINST GEORGF 4 MARDIIZIAN 5 DENIED. Defendant Wawancsa General Insurance Company's Motion for Summary 6 Judgment and Alternative Motion for Summary AdJudication on the Second Cause of Action 7 are Denied. 8 Nature of Action 9 This is an insurance coverage and bad faith action arising from the denial of coverage 10 for fire damage to a newly purchased vintage 1964 Cadillac Eldorado convertible vehicle 11 while being shipped from Michigan to Plaintiff m South San Francisco, Cahfornia 12 Ruling on Objections 13 The Objections of Dcfcndan( are SUSTAINED, in part, and OVERRULED, in part. 14 ObJcction Nos 1-4, 6-9, 12-15, 18-20, 29-31, 33, 35-38, 46-47, 49, 57 arc sustained 15 ObJcction Nos 5, 10, 11, 16, 17, 21-28, 32, 34, 39-45, 48, 50-56 are overruled ]6 Thc ObJcctions of Plaintiff are OVERRULED in their entirety because Plaintiff 17 failed to comply with California Rules of'Court, rulc 3 1354(b) 18 Thc Couit notes that both Plaintiff and Dcfcndant failed to comply with California 19 Rules of Court., Rule 3 1110(f), with rcspcct to the preparation of their exhibits and thus both 20 the Motion papers and Opposition papers arc defective 21 The Merits of the Motion 22 Going to the merits of the Motion, however, Defendant must show that Plaintiff 23 cannot establish one oi more elements of thc cause of action. (Aguilai v Atlantic Richfield 24 Co (2001) 25 Cal,4th 826, 853). Defendant essentially contends that Plaintiff cannot 25 establish the element of brcach by asserting that Plaintiff owned thc vehicle in Dcccmbcr of 26 2011, which would result in thc fact that the vehicle was not, covered by thc insurance policy. 27 Plaintiff contcncls that he did not own thc vehicle until January or February of 2012, which ORDER ON MO I ION FOR SUMMARY JUDGMFNT/SUMMARY A D I U D I C A'I 10 N 1 supports denial of the instant motion Because this material fact is disputed, thc instant 2 motion for summary judgment/summaiy adJudication is Denied Defendant failed to meet his initial burden by faihng to establish that 1'laintiffowned 4 the subJcct vehicle in December of 2011 with respect to both causes of action. (CCP ) 5 437c(p)(2), Aguilar v Atlantic Richfield Co (2001) 25 Cal.4th 826, 853-854) 6 For the same ieasons, UMF Nos. 11 and 34 arc disputed Consequently, the instant 7 motion for summary judgment and motion for summary adJudication iswithout nicnt. (CCP 8 $ 437c(p)(2); Aguilar v Atlantic Richfield Co. (2001) 25 Ca14th 826, 850). )T Is SQ QRI3ERED 9 10 Date l~/~Z/jYAl> fata pay ~-eAh- lyjpgji. Judge of thc Superior Court 12 13 14 15 A roved as to form 17 cxandra N, elfri gc, Attorney for Defendant Wawancsa General Insurance 18 Company 19 20 21 22 23 24 25 26 27 ORDFR ON MOTION FOR SUMMAItY JUDUMDN IFSUMMARY ADIUDIOAI ION