Abraio

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Plaintiff’s Motion for Summary Judgment came on for hearing on October 28, 1987. Plaintiff appeared through counsel Sally C. McDonald. Defendants Tiffany K. and Adaline Dennis appeared through counsel Jill Elaine Weissich. The Court requested supplemental briefing from Ms. Weissich, which was submitted on November 20, 1987. After consideration of the memoranda and other documents, as well as the oral arguments of counsel, the Motion is now GRANTED and judgment is entered in favor of plaintiff and against defendants.

I.

Plaintiff State Farm filed this action seeking a declaratory judgment that it has no duty to either provide a defense to or indemnify the estate of Antoine Abraio in Tiffany K. and Adaline Dennis v. Antoine Abraio, et al., No. 128295 (filed January 23, 1986), an action currently pending in the Superior Court of California, County of Marin. See Defendant’s Opposition, exhibit A (copy of complaint). That complaint asserts causes of action including assault and battery, intentional and negligent infliction of emotional distress, and false imprisonment based on the sexual molestation by Antoine Abraio of Tiffany…