Basich

Plaintiff and appellant Zoran K. Basich (Basich) appeals a judgment in this action for breach of the implied covenant of good faith and fair dealing entered in favor of defendant and respondent Allstate Insurance Company (Allstate). Judgment was entered after the trial court granted Allstate’s motion for nonsuit on the ground that Basich had failed to file his action within the one-year limitations period specified in the Allstate insurance policy. Basich also appeals from the trial court’s order granting Allstate’s motion for summary adjudication of issues as to his claim for punitive damages.

The essential questions presented are whether Basich’s opening statement presented sufficient evidence of an equitable estoppel to permit him to continue with the trial and whether the trial court improperly considered the clear and convincing standard of proof in deciding the motion for summary adjudication of issues.

Viewing the evidence and all inferences in the light most favorable to the plaintiff, we find in the unpublished portion of this opinion that it was error for the trial court to grant the motion for nonsuit. However, we conclude that the trial court properly…