Chavez

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

HUMBERTO CHAVEZ, Case No. 22-cv-06381-VC

Plaintiff,

ORDER GRANTING MOTION FOR

v. SUMMARY JUDGMENT

TRAVELERS CASUALTY INSURANCE Re: Dkt. No.

COMPANY OF AMERICA,

Defendant.

The motion for summary judgment is granted. This order assumes the reader’s familiarity with the facts of the case, the relevant law, and the parties’ arguments. The following facts are undisputed. First, Chavez’s insurance policy contained a two-year suit limitation, which is enforceable under California law. See Prudential-LMI Commercial Insurance v. Superior Court, 51 Cal.3d 674, 683 (1990). Second, on July 1, 2020, Travelers sent Chavez a letter with an estimate for the replacement cost value of the damage to his property. That same day, Travelers paid Chavez based on this estimate. Third, Chavez never contacted Travelers in the time between receiving the estimate on July 1, 2020, and the filing of this lawsuit on October 21, 2022.1 Last, more than two years passed between when the property damage occurred and when Chavez sued Travelers. Chavez insists the limitations clock was equitably…