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Jose Galvan, et al v. Dations Amco Insurance

September 1, 2011

JOSE GALVAN, ET AL., PLAINTIFFS,
v.
DATIONS AMCO INSURANCE COMPANY, DEFENDANT.



The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

FINDINGS AND RECOMMEN

Plaintiffs, who are proceeding pro se, bring this civil action.*fn1 Pending before the court is defendant's unopposed motion for summary judgment (Doc. 7).

I. BACKGROUND

Defendant offers the following factual summary, which is undisputed:

A. The Fire at Plaintiffs' Restaurant

On August 24, 2008, a fire damaged the restaurant of Plaintiffs Jose Galvan and Laura Galvan, doing business as "Las Palmas Mexican Restaurant" (collectively, "Plaintiffs"), which was located at 4 Sutter Street, #B, in Red Bluff, CA. (Undisputed Material Fact ("UMF") No. 1.)

They reported the fire to AMCO later that day. (Decl. of Roessler, ¶3.)

B. AMCO's Adjustment of Plaintiffs' Claim

On August 25, the day after the fire, AMCO adjuster Helen Basinger visited the site and advanced Plaintiffs $10,000 for the loss of business personal property. (UMF No. 2.)

On August 27, AMCO adjuster Shawn Roessler visited the site with Mr. Galvan, fire cause-and-origin expert Scott Mitchell, insurance agent Gloria Houston (of the Alan Eddy Insurance Agency in Red Bluff), and J.D. Ellison, the Red Bluff City Building Director. (Decl. of Roessler, ¶6.) Realizing that Plaintiffs could not operate the restaurant in its damaged condition, Ms. Roessler suggested that they try to relocate elsewhere in town or as close as possible to their then-present location as the quickest way to get back into business. (Ibid.)

Ms. Roessler retained the accounting firm of Hagen, Streiff, Newton & Oshiro ("HSNO") to assist in determining Plaintiffs' business income loss. (UMF No. 3.) She also retained Mike Kirby of Kirby & Associates to assist Plaintiffs in preparing an inventory of business personal property damaged or destroyed in the fire. (UMF No. 4.) Also, Ms. Roessler retained attorney Irene Yesowitch of the law firm of Long & Levit to assist with insurance coverage issues. (UMF No. 5.)

On August 28, Ms. Roessler prepared an estimate for debris removal in the amount of $4,898. (Decl. of Roessler, ¶8.) Ms. Roessler issued a check to Plaintiffs in that amount. (UMF No. 6.)

In a footnote, defendant adds:

Because the estimate exceeded the insurance policy's limit of $4,500 for debris removal, Ms. Roessler noted that she would issue a check to the Galvans for $4,898 and then make an adjustment upon receipt of their inventory to show that ...


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