Manuel Valencia, et al. vs Fire Insurance Exchange Insurance Company
Motion for Summary Judgment
Motion type
Parties
Ruling
25CV-03796 Manuel Valencia, et al. vs Fire Insurance Exchange Insurance Company
Motion for Summary Judgment
Defendant’s unopposed motion for summary judgment is GRANTED.
Upon consideration of all the evidence set forth in the moving papers the court finds that there is no triable issue of material fact and Defendant is entitled to judgment as a matter of law.
Defendant filed a separate statement of undisputed material facts, supported by admissible evidence, containing undisputed material facts that establish Plaintiffs’ claims are barred by failing to file their lawsuit within the one-year provision of their policy.
This shifts the burden to Plaintiffs to show the existence of one or more triable issues of material fact. (Code Civ. Proc., § 437c, subd. (p)(2).) By not filing any opposition, including a separate statement, Plaintiffs have failed to meet their burden on this motion.
Defendant is ordered to prepare and file a proposed order and judgment consistent with this order, to be filed with this court within five (5) days.
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