Gilbert v. Infinity Insurance Co.

Order GRANTING Defendant's Motion for Summary Judgment

Before the Court is Defendant Infinity Insurance Company’s (“Defendant”) Motion for Summary Judgment. (Doc. No. 24, “Motion.”) 1 Plaintiff Ryan Gilbert (“Plaintiff’) filed his Opposition on April 11, 2016. (Doc. No. 29, “Opposition.”) Defendant filed his Reply on April 18, 2016. (Doc. No. 34, “Reply.”) After consideration of the papers filed in support of, and in opposition to, the Motion, the Court GRANTS the Motion.

*1078 I. BACKGROUND

On March 24, 2015, Plaintiff filed the present action in the Superior Court of the State of California, County of Riverside, as Case No. RIC1503590. (Doc. No. 1, Ex. A (“Complaint”) at 1.) The Complaint asserts two causes of action, (1) breach of contract, and (2) breach of the covenant of good faith and fair dealing, premised on Defendant’s denial of insurance coverage for damage to Plaintiffs 2006 Toyota Tacoma. (Complaint at 2-3.) Defendant conducted an investigation, which included taking a recorded statement from Plaintiff, interviewing Plaintiffs brother, and investigating the circumstances surrounding Plaintiffs loss, and according to Plaintiff, denied Plaintiffs insurance claim for…