Moncada

ORDER DENYING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING IN PART DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

Plaintiffs move for partial summary judgment on their claims of breach of ex press warranty and breach of implied warranty. Defendant Allstate Insurance Company opposes the motion and cross-moves for summary judgment on all claims. Plaintiffs oppose Defendant’s cross-motion. The matter was heard on December 1, 2006. Having considered all of the papers filed by the parties, the evidence cited therein and oral argument on the motions, the Court denies Plaintiffs’ motion for partial summary judgment and grants in part Defendant’s cross-motion for summary judgment.

BACKGROUND

This action on a homeowner’s insurance policy arises out of a fire loss at Plaintiffs’ home at 190/192 Albion Street in San Francisco. Plaintiffs are Bertha Moneada, her living trust and two of her adult daughters, Edda Nix and Indiana Berrene-chea. They have sued their insurer, Allstate, for breach of contract, bad faith and breach of express and implied warranties and seek compensatory and punitive damages. At the time of the fire, title to the property was held by Moncada’s trust,…