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Perez v. State Farm Mutual Automobile Insurance Co.

United States District Court, D. Nevada

March 28, 2017

TIM PEREZ AND NORMA PEREZ, Plaintiffs,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Before the Court is Defendant's Motion for Summary Judgment. ECF No. 41. For the reasons stated below, the Motion is granted in part and denied in part.

         II. BACKGROUND

         Defendant State Farm filed a petition for removal with the court on December 3, 2014. ECF No. 1. Defendant filed the instant Motion for Summary Judgment on April 1, 2016. ECF No. 46. Defendant filed first Errata to the Motion on April 4, 2016, and a second Errata on April 8, 2016. ECF Nos. 47, 48. The Motion for Summary Judgment seeks judgment as to the first and third claims, for tortious bad-faith claim handling and violation of 686A.310 unfair practices, respectively. At the hearing Plaintiffs voluntarily dismissed their statutory unfair practices claims. Therefore, this order will address only the claim for tortious breach of the implied covenant of good faith and fair dealing.

         III. LEGAL STANDARD

         A. Motion for Summary Judgment

         Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); accord Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). When considering the propriety of summary judgment, the court views all facts and draws all inferences in the light most favorable to the nonmoving party. Gonzalez v. City of Anaheim, 747 F.3d 789, 793 (9th Cir. 2014). If the movant has carried its burden, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts . . . Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial.” Scott v. Harris, 550 U.S. 372, 380 (2007) (alteration in original) (internal quotation marks omitted).

         IV. UNDISPUTED FACTS

         The Court finds the following facts to be undisputed. On June 4, 2014, Norma Perez, 56, was the driver and Tim Perez, 51, the front seat passenger in their 2006 Nissan Altima traveling westbound on Azure. Norma proceeded to attempt a left hand turn onto southbound Lamb on a green signal when a 1999 Dodge Caravan, driven by Layla Salas and traveling northbound on Lamb in a 1999 Dodge Caravan, failed to stop for the red signal, entered the intersection and struck the left front of the Altima. The Las Vegas Metropolitan Police Department responded to the accident and completed a Traffic Accident Report. The accident report indicates that both Tim and Norma were wearing their shoulder and lap belts and that both front airbags deployed. Both Tim and Norma were transported by Medic West to UMC Trauma Center. The plaintiffs received treatment following the accident from the following providers in the following amounts:

Tim Perez: Medic West Ambulance: $1, 231.98; University Medical Center $12, 971.29;
Las Vegas Radiology: $3, 300; Nevada Rehabilitation Center: $4, 479; and Dr. Richard Cestkowski: $3, 437.00
Norma Perez: Medic West Ambulance: $1, 231.98; University Medical Center $13, 360.76;
Las Vegas Radiology: $3, 300.00; Nevada Rehabilitation Center: $2, 824.00; Dr. Richard Cestkowski: $2, 575.00; and Nevada ...

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