Betenbaugh

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SAFECO INSURANCE COMPANY OF No. 2:21-cv-01761-TLN-CKD

AMERICA,

12 Plaintiff, 13 ORDER v. 14 PAUL BETENBAUGH, et al., 15 Defendants. 16 17 This matter is before the Court on Plaintiff Safeco Insurance Company of America’s 18 (“Plaintiff”) Administrative Motion for Leave to File a Motion for Summary Judgment. (ECF 19 No. 55.) Defendant Paul Betenbaugh (“Defendant”) filed an opposition. (ECF No. 58.) Plaintiff 20 filed a reply. (ECF No. 59.) For the reasons set forth below, the Court DENIES Plaintiff’s 21 motion. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 I. FACTUAL AND PROCEDURAL BACKGROUND 2 The Court need not provide a detailed factual background of this action, as it was set forth 3 fully in the Court’s prior order. (ECF No. 40 at 2–4.) In short, this action involves an insurance 4 coverage dispute. (Id. at 2.) Defendant is an insured under a Homeowners Policy and Umbrella 5 Policy with Plaintiff. (Id.) Defendant sought defense coverage under those policies in an…