Zuniga

BACKGROUND

24 Plaintiff’s insured, Sheyla Creel, owned a residence located at 87 West Alpine 25 Avenue, Stockton, California, (the “Residence insured under a policy issued for the 26 building (the “Insurance Policy”). In or around December 2015, Creel’s representative 27 1 Having concluded that oral argument would not be of material assistance, the Court submitted this matter on the briefs pursuant to E.D. Local Rule 230(g). and/or agent, J&S Enterprises, entered into a month-to-month rental agreement with Defendants for the use of the Residence (the “Lease Agreement”). On or about May 31, 2018, a fire occurred at the Residence, causing substantial damage. Defendants allegedly failed to take proper precautions to prevent a fire from starting, negligently caused the fire and related damages by leaving unattended candles burning, and otherwise failed to exercise reasonable care. In addition, Plaintiff contends Defendants also owed a duty under the Lease Agreement to Ms. Creel to leave the rental in the same condition as when they took possession and to pay for repair costs necessitated by their lack of due care. Because of…