Ayala
Ayala v. Infinity Insurance
Opinion
Opinion
Lew, J.
ORDER Re: Defendant’s Motion for Partial Summary Judgment [16]
On May 5, 2010, Defendant’s Motion for Partial Summary Judgment came on for regular calendar before this Court. Plaintiff, Jose Ayala, appeared through his counsel of record, Daniel Reisman. Defendant, Infinity Insurance Company, appeared through its counsel of record, Josiah Drew. The Court having reviewed all papers submitted pertaining to this Motion and having considered all arguments pre sented to the Court, NOW FINDS AND RULES AS FOLLOWS:
1. Legal Standard
Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). A genuine issue is one in which the evidence is such that a reasonable fact-finder could return a verdict for the non-moving party. Anderson v. Liberty Lobby, 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). The evidence, and any inferences based on underlying facts, must be viewed in a light most favorable to the opposing party. Diaz v. American Tel. & Tel., 752 F.2d 1356 , 1358 n. 1 (9th Cir.1985).
Where the moving party does not have the burden of proof at trial on a dispositive…