Le

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

HUY LE, Case No. 21-cv-03057-VC

Plaintiff,

ORDER DENYING PLAINTIFF’S

v. MOTION FOR PARTIAL SUMMARY

JUDGMENT

SENTINEL INSURANCE COMPANY,

LIMITED, Re: Dkt. No. 17 Defendant.

Le’s motion for partial summary judgment is denied. As to the first issue—whether Sentinel could deduct income earned at Le’s second business location—granting summary judgment before Sentinel has been able to conduct full discovery would be premature. Celotex Corp. v. Catrett, 477 U.S. 317, 326 (1986); see also Fed. R. Civ. P. 56(d). In any event, Le’s reading of the insurance contract appears to be unreasonable. The agreement permits Sentinel to reduce Le’s loss “to the extent” that he could “resume . . . ‘operations’, in whole or in part, by using damaged or undamaged property . . . at the ‘scheduled premises’ or elsewhere.” (Emphasis added.) Sentinel’s decision to deduct all the income from the separate Mission Street premises may prove to be unreasonable. But at this early stage, it appears that the contract’s plain terms contradict Le’s view that Sentinel could not…