First

ORDER GRANTING DEFENDANT ALLSTATE INSURANCE COMPANY’S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFFS THOMAS AND JULIA EN-NIS

On June 17, 2002, the Court heard Defendant Allstate Insurance Company’s (“Allstate”) motion for summary judgment of Plaintiffs Thomas and Julia Ennis’ claims for breach of contract, breach of the covenant of good faith and fair dealing (the “contract claims”), negligent and intentional misrepresentation (the “fraud claims”) and civil RICO (collectively, the “remaining claims”). The Court took the motion under submission following oral argument. After considering the papers submitted by the parties, the case file and oral argument, the Court GRANTS Allstate’s motion.

I. BACKGROUND

Plaintiffs’ claims arise out of the adjustment of their insurance claim for property damage sustained in the 1994 Northridge earthquake and their subsequent retention of Shadowbrook Design Group (“Shadow-brook”) to make repairs. Shortly after the earthquake, Plaintiffs reported to Allstate that their home had suffered damage. (Pretrial Conference Order (“PTO”), ¶ 5 at p. 3.) Allstate retained Shadowbrook to conduct a “Phase I structural engineering investigation” of the damage.…