Kelly

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 13 SCOTT G. KELLY and JOHN T. Case No.: 15cv2900 JM (RBB)

DEWALD,

Plaintiffs, ORDER DENYING PLAINTIFFS’ v. AND DEFENDANT’S CROSS

MOTIONS FOR SUMMARY

STARR INDEMNITY & LIABILITY

JUDGMENT

COMPANY,

19 Defendant. 20

Defendant Starr Indemnity & Liability Company (“Starr”) moves for summary judgment or partial summary judgment on Scott Kelly’s and John DeWald’s (“Plaintiffs”) claims for breach of contract and breach of the duty of good faith and fair dealing. (Doc. No. 78.) Plaintiffs also move for partial summary judgment. (Doc. No. 79.) The motions have been briefed and the court finds them suitable for submission without oral argument in accordance with Civil Local Rule 7.1(d)(1). For the below reasons, both motions are DENIED. I. BACKGROUND A. Factual Background1 Plaintiffs operated a real estate investment and development firm that …