Martinez

Martinez v. Infinity Insurance

Good Law
714 F. Supp. 2d 1057·2010 WL 2169601·2010 U.S. Dist. LEXIS 59769
United States District Court, Central District of CaliforniaMay 20, 2010Case SACV 09-453 DOC (Ex)California3,490 words

Opinion

Opinion

Carter, J.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

Before the Court is Defendant Infinity Insurance Company (“Infinity” or “Defendant”)’s Motion for Summary Judgment (the “Motion”). After considering the moving, opposing, replying, and supplementary papers, as well as the parties’ oral argument, the Court GRANTS the Motion.

I. Background

Plaintiff Martinez is 59 years old and resides with her three daughters, two son in laws, and grandchildren in a home in Los Angeles. She works as a nurse assistant at the Mirada Hills Rehabilitation and Convalescent Hospital for $10.40/hour. Martinez has a social security number. Martinez claims that she and her husband separated approximately 12 years ago and that she has not seen him since. Martinez filed for bankruptcy in our about 1996.

The dispute at issue concerns a used 2001 Ford Excursion that Martinez obtained on February 1, 2003 and insured with Defendant Infinity on July 11, 2005. Martinez did not purchase the car. Instead, her-best friend obtained financing, purchased, and thereafter retained title to the car, even though Martinez used the car almost exclusively. The purchase price of the vehicle was $34,770.88 and Martinez traded in her…

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