The motion is DENIED. As discussed below, Defendants failed to meet their burden of establishing that their ninth affirmative defense bars Plaintiff’s claims. Summary adjudication of affirmative defenses is allowed. (CCP § 437c(f)(1).) Defendants’ ninth affirmative defense in the Answer to the First Amended Complaint provides: Plaintiff’s claim for damages are limited to the insurance coverage available, pursuant to Probate Code section 550, et. seq. and Plaintiff’s failure to comply with Probate Code section 554 bars him from seeking recovery for any of his claims for damages in excess of insurance coverage available. The Court notes that Defendants admit that Plaintiff filed a creditor’s claim in the probate action on 6/23/17. Therefore, Plaintiff complied with Probate Code § 554 as the personal representative has been joined as a party (10/1/18 Proof of Service serving Plaintiff as Administrator with the Summons and First Amended Complaint) and Plaintiff filed a claim in compliance
Hearing Date
January 29, 2019
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The motion is DENIED. As discussed below, Defendants failed to meet their burden of establishing that their ninth affirmative defense bars Plaintiff’s claims. Summary adjudication of affirmative defenses is allowed. (CCP § 437c(f)(1).) Defendants’ ninth affirmative defense in the Answer to the First Amended Complaint provides: Plaintiff’s claim for damages are limited to the insurance coverage available, pursuant to Probate Code section 550, et. seq. and Plaintiff’s failure to comply with Probate Code section 554 bars him from seeking recovery for any of his claims for damages in excess of insurance coverage available. The Court notes that Defendants admit that Plaintiff filed a creditor’s claim in the probate action on 6/23/17. Therefore, Plaintiff complied with Probate Code § 554 as the personal representative has been joined as a party (10/1/18 Proof of Service serving Plaintiff as Administrator with the Summons and First Amended Complaint) and Plaintiff filed a claim in compliance