Marentes

Marentes v. State Farm Mutual Automobile Insurance Co.

Good Law

224 F. Supp. 3d 891·2016 WL 7013449·2016 U.S. Dist. LEXIS 166913

United States District Court, Northern District of CaliforniaDecember 1, 2016Case No. 15-CV-05616-LHKCalifornia16,670 words

Opinion

Lead Opinion

Koh, J.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Vincent Marentes and Liudmila Bicheg-kueva (collectively “Plaintiffs”) bring the instant suit against State Farm Mutual Automobile Insurance Company (“Defendant”). Before the Court is Defendant’s Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment. ECF No. 39 (“Mot.”). Having considered the parties’ briefing, the relevant law, and the record in this case, the Court *898 GRANTS Defendant’s Motion for Summary Judgment. The Court DENIES Plaintiffs’ Motion for Partial Summary Judgment, ECF No. 67, and Defendant’s Administrative Motion to File a Sur-Reply, ECF No. 71, as moot.

1. BACKGROUND

A. Factual Background

1. Marentes I

On June 16, 2013, Bichegkueva suffered severe injuries as the result of her vehicle being rear ended by a tow truck driven by Marentes. ECF No. 40-1; ECF No. 40-2 (“Police Report”); ECF No. 48-33 (“Default Judgment Mot.”). The tow truck belonged to Extreme Towing, Marentes’ employer, and Marentes was driving it home after completing a tow job for Extreme Towing. ECF No. 40-1; Police Report at 13. On December 12, 2013, Bichegkueva filed a personal injury action against Mar-entes…

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