Perez

I. BACKGROUND

20 A. The Policy 21 Defendant issued, Omnicell, Inc., Plaintiff’s former employer, a Group LTD Policy (“the 22 Policy”). Administrative Record (“AR”), Dkt. No. 43 at 67–126. The Policy provides a monthly 23 long-term disability benefit of 60% of monthly pre-disability earnings (to a maximum of 24 $15,000/month) in the event a claimant becomes “totally disabled.” Id. at 72. The Policy defines

26 1 On July 11, 2022, this Court found these motions appropriate for decision without oral argument pursuant to Civil Local Rule 7-1(b). See Dkt. No. 62. Case No.: 5:21-cv-03207-EJD “totally disabled” as: For the first 30 months, you are totally disabled when, as a result of sickness or injury, you are unable to perform with reasonable continuity in the substantial and material acts necessary to pursue your usual occupation in the usual and customary way.

After benefits have been paid for 24 months of disability you are totally disabled when, as a result of sickness or injury, you are not able to engage with reasonable continuity in any occupation in which you could reasonably be expected to…