Hill

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

On March 10, 1997, the Defendant’s Motion for Summary Judgment came on for hearing. After careful consideration of the written submissions of the parties and the oral argument of counsel, the Court hereby GRANTS the Motion.

Background,

The Plaintiff filed this action on July 29, 1996. The Defendant was the Plaintiffs insurer with regard to certain property. The Plaintiff seeks damages based on the Defendant’s purported breach of the insurance contract and breach of the covenant of good faith and fair dealing.

The Plaintiff owns a residence located in Canoga Park, California. On January 17, 1994, the Northridge earthquake struck Southern California. At that time, the Plaintiff was living in New Mexico, but residing temporarily in Houston, Texas. The property at issue was being occupied by tenants. Immediately after the earthquake, either that day or the next day, the Plaintiff phoned the tenants to inquire about the damage. The Plaintiff was informed that the water heater had fallen over and items had fallen from shelves, “but there was no big cracks Tsic] or ... no major big problems.” Mot. Exh. 4 at 35. The Plaintiff did not inquire…