Berkley National Insurance Company v. City of San Bernardino

1 2 O 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 BERKLEY NATIONAL INSURANCE ) Case No. EDCV 19-02189 DDP (SPx)

COMPANY, )

) Plaintiff, ) ) ORDER GRANTING PLAINTIFF’S MOTION v. ) FOR PARTIAL SUMMARY JUDGMENT )

CITY OF SAN BERNARDINO, ET )

AL., ) [Dkt. Nos. 23, 32] ) Defendants. 17 Presently before the court is Plaintiff Berkley National Insurance Company (“Berkley”)’s Motion for Summary Judgment (Dkt. 32). Having considered the submissions of the parties and heard oral argument, the court grants the motion and adopts the following Order. I. Background The facts of this case are not in dispute. In 1956, the entity now known as the Arc San Bernardino School of Hope (“the School”) and the City entered into an agreement granting the School 27 1 Berkley styles its motion as a cross-motion for summary 28 judgment, in light of Defendant City of San…