Mainfreight

Falvey Cargo Underwriting, Ltd. v. Mainfreight, Inc.

Good Law
759 F. Supp. 2d 1195·2010 WL 5479755·2010 U.S. Dist. LEXIS 138839
United States District Court, Central District of CaliforniaDecember 16, 2010Case CV 09-07909 DDP (VBKx)California1,143 words

Opinion

Opinion

Pregerson, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

[Cross Motions filed on 10/29/10]

Presently before the court are the parties’ cross-motions for summary judgment. After reviewing the parties’ moving papers, the court is inclined to grant Plaintiffs Motion for Summary Judgment.

I. Background

Activision, Inc. (“Activision”) owned a shipment of video games supplied by JVC Disc Americ (“JVC”). Falvey Cargo Underwriting, Ltd. (“Falvey”) insured Activision’s cargo. Mainfreight, Inc. (“Mainfreight”) agreed to transport the shipment from Georgia to Missouri. Mainfreight executed two bills of lading when it picked up the video games. The bills of lading made no reference to a limitation of Mainfreight’s liability. At some point between Georgia and Missouri, the shipment of video games, valued at approximately $256,000, was stolen while in Mainfreight’s care. Falvey indemnified Activision for the loss and sought reimbursement from Mainfreight. Both parties now move for summary judgment.

II. Legal Standard

A motion for summary judgment must be granted when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show…

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