United States District Court, Eastern District of Washington
ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT
Stanley A. Bastian United States District Judge
Before the Court is Defendant’s Motion for Partial Summary Judgment Regarding One Year Suit Limitation, ECF No. 6. The motion was heard without oral argument. Plaintiff is represented by Scott Volyn. Defendant is represented by Jeremy Zener.
Summary judgment is appropriate if the “pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). There is no genuine issue for trial unless there is sufficient evidence favoring the non-moving party for a jury to return a verdict in that party’s favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986). The moving party has the initial burden of showing the absence of a genuine issue of fact for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). If the moving party meets its initial burden, the non-moving party must go beyond the pleadings and “set forth specific facts showing that there is a genuine issue for trial.” Id. at 325; Anderson, 477 U.S. at 248.
In addition to showing that there are no questions of material fact, the moving party must also show that it is entitled to judgment as a matter of law. Smith v. University of Washington Law School, 233 F.3d 1188, 1193 (9th Cir. 2000). The moving party is entitled to judgment as a matter of law when the non-moving party fails to make a sufficient showing on an essential element of a claim on which the non-moving party has the burden of proof. Celotex, 477 U.S. at 323. The non-moving party cannot rely on conclusory allegations alone to create an issue of material fact. Hansen v. United States, 7 F.3d 137, 138 (9th Cir. 1993).
When considering a motion for summary judgment, a court may neither weigh the evidence nor assess credibility; instead, “the evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Anderson, 477 U.S. at 255.
The following facts are taken from Plaintiff’s complaint and Defendant’s Statement of Facts, as Plaintiff did not file a Statement of Facts with his response.
Defendant Allstate Property and Casualty Insurance Co. issued Plaintiff a homeowner’s insurance policy. Plaintiff made a claim on the policy for water loss and theft loss that occurred in October and November, 2009. The water damage was caused by a contractor who was hired to install wood flooring, after the first contractor was unable to complete the job.
Plaintiff had moved out of his home during the remodel project. When he went to review the floors, he noticed that several items of personal property were missing. He confronted the contractor, who denied stealing anything. The contractor then asked for additional money beyond the terms of the contract, which Plaintiff refused to pay, although he did pay the balance of the contract. After Plaintiff moved back into the home, he noticed other items were missing. A couple of days later, he discovered that the toilet the contractor had recently reinstalled was leaking. It caused extensive water damage to the wall behind the toilet and into the adjacent garage area.
An inspector reported to Plaintiff that it appeared the leakage was caused intentionally because the toilet water fittings in all the bathrooms had been placed upon the initial thread of fittings, but never tightened. The inspection also revealed extensive damage throughout the house caused by the leaking toilets. A local disaster recovery construction company attempted to repair the damage, but also caused substantial damage.
Plaintiff submitted claims to Defendant Allstate, who accepted the claims and began issuing payments on Plaintiff’s water loss claim in November, 2009. It also accepted coverage for Plaintiff’s theft loss. Defendant ultimately closed the theft claim when Plaintiff failed to provide information to allow Defendant to adjust the loss. Defendant continued to issue payments on the water loss until October 28, 2010. Ultimately, Defendant made payments totaling $111, 334.71 on Plaintiff’s water loss claim.
Plaintiff retained his current attorney, Scott Volyn, on or about February 24, 2010. He filed a lawsuit against Defendant in Chelan County Superior Court on December 24, 2014, alleging breach of contract, violation of the Consumer Protection Act, bad faith, negligence, and violations of the Insurance Fair Conduct Act. He asserts he has incurred $95, 000 in unreimbursed losses.
Defendant removed the action to the Eastern District of Washington. Defendant now moves for summary judgment on all of Plaintiff’s contractual claims as a matter of law because Plaintiff failed to file his ...