Stewart

Stewart v. Life Insurance Co. of North America

Good Law
388 F. Supp. 2d 1138·2005 WL 1336304·2005 U.S. Dist. LEXIS 37315
United States District Court, Eastern District of CaliforniaMay 3, 2005CIVF026212OWWLJOCalifornia2,971 words

Opinion

Opinion

Wanger, J.

ORDER REGARDING LIFE INSURANCE COMPANY OF NORTH AMERICA’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY ADJUDICATION

Defendant Life Insurance Company of North America’s (“LINA”) motion for summary judgment, or in the alternative, partial summary adjudication came before this Honorable Court on March 29, 2004.

Having reviewed LINA’s motion for summary judgment, or in the alternative, partial summary adjudication, accompanying memorandum of points and authorities, and declaration of Sandra Townsend, and other supporting papers on file in this action, and having considered the arguments of counsel, and good cause appearing,

IT IS HEREBY ORDERED:

1. LINA’s motion for summary judgment on Plaintiffs breach of contract claim is DENIED for the reasons set forth below:

Under California law, the elements of a claim for breach of contract are: (1) the existence of a contract; (2) Plaintiffs performance or excuse for nonperformance; (3) Defendant’s breach; and (4) damages to Plaintiff. First Commercial Mortgage Co. v. Reece, 89 Cal.App.4th 731, 745 , 108 Cal.Rptr.2d 23 (2001) (citing 4 Witkin Cal. Procedure (4th ed.1997), at § 476, p. 570).

According to LINA,…

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