Mardikian

Mardikian v. Wawanesa General Ins. CA1/4

Good Law
Court of Appeal of CaliforniaMarch 4, 2015A144039California1,216 words

Opinion

Opinion

I.

INTRODUCTION

In this insurance coverage dispute, the trial court entered judgment against Lillian Mardikian (plaintiff) after granting a summary judgment motion by Wawanesa General Insurance Company (defendant). Plaintiff filed a notice of appeal more than 60 days after defendant served her with notice of entry of the judgment. Accordingly, we grant defendant’s motion to dismiss this appeal.

II.

PROCEDURAL FACTS

On September 17, 2014, the trial court granted a defense motion for summary judgment as to plaintiff’s complaint for breach of contract and breach of the implied covenant of good faith and fair dealing arising out of the denial of an automobile insurance claim. The trial court found that there was no triable issue of material fact because undisputed evidence established that plaintiff was not a named insured or

1 otherwise entitled to insurance coverage under the subject policy. In reaching this conclusion, the court expressly found that plaintiff’s “self-serving” declarations attempting to create a triable issue of fact directly contradicted earlier sworn statements made by her son who was the named insured under the policy. The resulting judgment was signed by…

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