Brizuela

Plaintiff and appellant Sergio Brizuela (Brizuela) appeals from the trial court’s entry of summary judgment in favor of defendant and respondent CalFarm Insurance Company (CalFarm) in Brizuela’s action against CalFarm for breach of contract and breach of the implied covenant of good faith and fair dealing. In affirming the judgment we hold, as a matter of law, that Brizuela violated the requirement of the insurance policy that he submit to an examination under oath; that the insurer could on that basis deny his claim without a showing of prejudice; that the availability of a deposition in litigation does not excuse his breach of the examination under oath requirement; that he had no valid bad faith claim; and that the court properly dismissed his action.

FACTUAL AND PROCEDURAL BACKGROUND

In July 1998, Brizuela entered escrow to purchase the El Toro de San Juan Market (El Toro). During escrow, Brizuela obtained a business owner’s insurance policy from CalFarm Insurance Company (CalFarm) with limits of $500,000 on personal property. His wife, Karina Brizuela, was also an insured under the policy. Escrow closed on February 1, 1999. Just over one month later, on March 18, a…