United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
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.
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.
Motion for Summary Judgment
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).
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