Opinion

Opinion

Court
District Court, C.D. California
Filed
Aug 11, 2026
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

Present: The Honorable CHRISTINA A. SNYDER

Catherine Jeang Not Present N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: | (INCHAMBERS) - DEFENDANT’S MOTION FOR

SUMMARY JUDGMENT (Dkt. 33, filed on July 2, 2026)

I. INTRODUCTION

The Court finds that this matter may be appropriately decided without oral

argument. Fed. R. Civ. P. 78; L.R. 7-15.

On April 7, 2025, plaintiff Arutyun Darakchyan (“plaintiff”) filed this action

against defendants State Farm General Insurance Company (“State Farm”) and Does 1-

100 in Los Angeles County Superior Court. Dkt. 1, Ex. A (“Compl.”). Plaintiff asserted

six claims against defendants under California law.

On May 1, 2025, State Farm removed plaintiffs action to this Court on the basis of

diversity jurisdiction. Dkt. 1.

On May 8, 2025, State Farm filed a motion to dismiss plaintiff's third, fourth, fifth,

and sixth claims. Dkt. 6. On June 30, 2025, the Court granted State Farm’s motion to

dismiss plaintiff's third, fourth, and fifth claims with leave to amend, and denied the

motion with respect to plaintiffs sixth claim. Dkt. 16.

On July 30, 2025, plaintiff filed his operative first amended complaint. Dkt. 17

(“FAC”). Plaintiff's FAC asserts three claims against all defendants under California

law: (1) breach of insurance contract; (2) breach of the implied covenant of good faith

and fair dealing; and (3) negligent misrepresentation. Id. §[ 21-44. Plaintiff also seeks

punitive damages against State Farm for the second claim for breach of the implied

covenant of good faith and fair dealing. Id. § 33.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title -Arutyun Darakchyan v. State Farm General Insurance Company et al. □

On July 2, 2026, State Farm filed the instant motion for summary judgment, or in

the alternative, partial summary judgment. Dkt. 33 (“Mot.”). State Farm concurrently

filed a statement of uncontroverted facts, dkt. 35, as well as an appendix of exhibits, dkt.

36.

On July 18, 2026, plaintiff filed an opposition to State Farm’s motion for summary

judgment. Dkt. 40 (“Opp.”). Plaintiff concurrently filed an appendix of exhibits, dkt. 40-

1, several declarations, and a statement of genuine disputes of material fact, dkt. 40-14.

On August 10, 2026, State Farm filed a reply. Dkt. 43 (“Reply”). State Farm

concurrently filed a response to plaintiff's statement of genuine disputes of material fact.

Dkt. 44 (“Resp.”).

Having carefully considered the parties’ arguments and submissions, the Court

finds and concludes as follows.

II. BACKGROUND

The following facts are not meaningfully disputed and are set forth for purposes of

background. Unless otherwise noted, the Court references only facts that are

uncontroverted and to which evidentiary objections, if any, have been overruled.!

State Farm issued plaintiff a Homeowners Policy, policy number 75-KC-N222-3,

for the period of August 17, 2023 to August 17, 2024 (the “Policy”), for the property

located at 5411 Donna Ave, Tarzana, CA 91356 (the “Property”). Resp. 4 1. The Policy

sets forth an insured’s duties after a loss. Dkt. 36-4 at 3 (“April 19, 2024 Denial Letter’).

“After a loss ..., [plaintiff] must cooperate with [State Farm] in the investigation of the

claim and also see that the following duties are performed:”

! Plaintiff asserts numerous evidentiary objections to State Farm’s evidence. See

generally Resp. “In motions for summary judgment with numerous objections, it is often

unnecessary and impractical for a court to methodically scrutinize each objection and

give a full analysis of each argument raised.” Capitol Records, LLC v. BlueBeat, Inc.,

765 F. Supp. 2d 1198, 1200 (C.D. Cal. 2010). To the extent the Court relies on evidence

to which there has been an objection, the Court has overruled the objection to that item of

evidence. See Fraser v. Goodale, 342 F.3d 1032, 1036 (9th Cir. 2003) (explaining that, at

summary judgment, courts may consider any evidence that could be presented in an

admissible form at trial).

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

a. give immediate notice to [State Farm] and also notify:

(1) the police if the loss is caused by theft, vandalism, or any

other criminal act; and

(2) the credit card company or bank if the loss involves a credit

card or bank fund transfer card:

b. protect the property from further damage or loss and also:

(1) make reasonable and necessary temporary repairs required

to protect the property; and

(2) keep an accurate record of repair expenses;

c. prepare an inventory of damaged or stolen personal property:

(1) showing in detail the quantity, description, age, replacement

cost, and amount of loss; and

(2) attaching all bills, receipts, and related documents that

substantiate the figures in the inventory;

d. as often as [State Farm] reasonably require[s]:

(1) exhibit the damaged property:

(2) provide [State Farm] with records and documents | State

Farm] request|s] and allow [State Farm] to make copies;

(3) while not in the presence of any other insured:

(a) give statements; and

(b) submit to examinations under oath; and

(4) produce employees, members of the insured’s household, or

others for examination under oath to the extent it is within the

insured’s power to do so; and

e. submit to [State Farm], within 60 days after the loss, [the insured’s]

signed, sworn proof of loss that sets forth, to the best of [the

insured’s| knowledge and belief:

(1) the time and cause of loss:

(2) interest of the insured and all others in the property involved

and all encumbrances on the property:

(3) other insurance that may cover the loss:

(4) changes in title or occupancy of the property during the term

of this policy:

(5) specifications of any damaged building and detailed

estimates for repair of damage;

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

(6) an inventory of damaged or stolen personal property

described in 2.c.;:

(7) receipts for additional living expenses incurred and records

supporting the fair rental value loss: and

(8) evidence or affidavit supporting a claim under SECTION I

— ADDITIONAL COVERAGES, Credit Card, Bank Fund

Transfer Card, Forgery and Counterfeit Money coverage,

stating the amount and cause of loss.

April 19, 2024 Denial Letter at 3.

Moreover, the Policy contains a “Concealment or Fraud” provision, which

provides:

This policy is void as to [the insured] ... if [the insured] ... has intentionally

concealed or misrepresented any material fact or circumstance relating to this

insurance, whether before or after a loss.

Dkt. 36-8 at 4: see Resp. § 2.

On February 9, 2024, plaintiff filed a claim with State Farm claiming that his

Property was burglarized on February 2, 2024 (the “Claim”). Id. § 3. Plaintiff initially

reported to State Farm that he received an alarm notification at 10:01 p.m. that a robber

was inside his house while he was away at a party with his family (the “Incident”’). Id. □

4. Plaintiff represented to State Farm that when he arrived at the Property approximately

eight to ten minutes later, the robber had already left. Id. J 5. Plaintiff stated that there

was forced entry through his kitchen window and that he replaced the allegedly damaged

window before submitting his claim. Id. § 6-7. Plaintiff claimed that when he checked

the security footage of his Property, he realized that the footage displayed the incorrect

time, resulting in the footage displaying that the Incident occurred around 9:30 p.m. when

it in fact occurred around 10:00 p.m., according to plaintiff. Id. | 8. Plaintiff stated his

alarm company automatically called the police, and the Los Angeles Police Department

(“LAPD”) showed up about two and a half hours later. Id. 4 9.

The excerpt of the Policy stated in the April 19, 2024 Denial Letter is an undisputed

fact. See Resp. { 2.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

Plaintiff's Claim was assigned to employees of State Farm’s special investigative

unit. Dkt. 40-13 (Declaration of Arutyun Darakchyan) □□ 7; Dkt. 40-3. Plaintiff's Claim

file states that State Farm employees should “[c]Jonsider ... [c|ontact|ing] [the National

Insurance Crime Bureau] to get details about the 2009 insurance fraud charge associated

to [plaintiff].””» Dkt. 40-10 at 8.

On February 20, 2024, State Farm took a recorded statement from plaintiff. Id. {

10. Plaintiff reported that on the night of the burglary, his oldest son, Gregor,

immediately left the party they were at and arrived at the Property a couple of minutes

before plaintiff. Id. 11. Plaintiff estimated that the robbers were inside the property for

six to seven minutes. Id. 12. State Farm suspected that six to seven minutes was

insufficient time for the robbers to steal and damage plaintiff's property in the manner

that plaintiff had claimed. Id. § 13.

On February 22, 2024, State Farm reviewed screenshots of the Property

surveillance footage which show activity occurring on February 2, 2024, from 9:21:10

p-m. to 9:31:11 p.m. based on the footage timestamp. Id. 4 14. State Farm requested the

surveillance video footage of the Incident from plaintiff to supplement the still photos

that plaintiff provided. Id. § 15.

On March 1, 2024, State Farm performed an in-person inspection of the Property.

Resp. §] 16. State Farm noted damage to the kitchen countertop, double panel windows,

and window screens during the inspection. Id. 417. On April 5, 2024, State Farm

reviewed a quote from “Future Window Donna” submitted by plaintiff for window

replacement in the amount of $1,005.22. Id. § 20-21. On April 15, 2024, State Farm

reviewed additional documentation of plaintiffs claimed loss, including an inventory list

for $83,073. Id. § 26.

On April 19, 2024, State Farm issued a denial of coverage for plaintiff's Claim

based on plaintiffs failure to submit some of the requested documentation. Id. 4 27

(citing April 19, 2024 Denial Letter).

On August 8, 2024, plaintiffs attorney agreed to provide the documents requested

by State Farm but did not agree to produce Gregor’s cell records. Id. { 28. On August

12, 2024, State Farm retained outside counsel to proceed with plaintiff's examination

under oath (“EUO”). Id. § 29. State Farm received the following supplemental

documents from plaintiff: (1) a supplemental handwritten inventory list; (2) National

Monitoring Center Site Event History records on February 2, 2024: (3) Sworn Statement

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title -Arutyun Darakchyan v. State Farm General Insurance Company et al. □

in Proof of Loss (“SSPOL”) for $83,073, digitally signed by plaintiff on August 3, 2024;

and (4) phone records for plaintiff. Id. { 30. On August 12, 2024, State Farm informed

plaintiff's attorney by letter that the following requested documentation was still

outstanding: (1) supporting documents, including a supplemental police report, in legible

form; (2) purchase or ownership documentation for inventory items; (3) complete alarm

records for the date of loss; and (4) Gregor’s phone records from February 1, 2024 to

February 3, 2024. Id. 31; Dkt. 36-5.

On September 17, 2024, State Farm received and reviewed the police report from

the date of plaintiffs claimed loss. Id. | 33. State Farm noted that plaintiff filed the

police report at 12:35 a.m. on February 3, 2024 and listed missing property of a Chanel

black leather purse for $13,800, a Cartier gold bracelet for $10,000, and a set of diamond

earrings for $10,000, with all items totaling $33,800. Id.

On October 8, 2024, Plaintiff appeared for his EUO. Id. § 35. State Farm’s

counsel and plaintiff discussed discrepancies in the inventories and the submitted

receipts/ownership documents, as some receipts were submitted for items not listed in the

inventory. Id. 37.

On January 13, 2025, State Farm fully denied plaintiff's Claim. Id. 42 (citing

dkt. 36-8 (“January 13, 2025 Denial Letter”)). State Farm offered the following reasons

for denying the Claim:

You have breached the Your Duties After Loss provision of the policy.

You have violated the Concealment or Fraud provision of the policy by

misrepresenting and concealing material information in the presentation of

this claim.

January 13, 2025 Denial Letter at 2. In the denial letter, State Farm listed

“multiple inconsistencies in [plaintiff's] presentation of the claim,” including, but not

limited to: inconsistencies between plaintiff's testimony at his EUO and State Farm’s

expert’s opinion regarding the nature and causes of the claimed damage to plaintiff's

countertops; discrepancies between plaintiffs inventory list of losses submitted to State

Farm and the supplemental police report of plaintiffs claimed losses; that plaintiff

submitted receipts for items that were not included in plaintiff's inventory list and for

which plaintiff later testified were not related to the loss; plaintiff's conflicting testimony

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title -Arutyun Darakchyan v. State Farm General Insurance Company et al. □

regarding the duration of the burglary; and an unexplained delay in plaintiff's reporting

the loss to State Farm. See id. at 2-5.

Il. LEGAL STANDARD

Summary judgment is appropriate where “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). The moving party bears the initial burden of identifying relevant portions of the

record that demonstrate the absence of a fact or facts necessary for one or more essential

elements of each claim upon which the moving party seeks judgment. See Celotex Corp.

v. Catrett, 477 U.S. 317, 323 (1986).

If the moving party meets its initial burden, the opposing party must then set out

specific facts showing a genuine issue for trial in order to defeat the motion. Anderson v.

Liberty Lobby, Inc., 477 U.S. 242, 250 (1986): see also Fed. R. Civ. P. 56(c), (e). The

nonmoving party must not simply rely on the pleadings and must do more than make

“conclusory allegations [in] an affidavit.” Lujan v. Nat’] Wildlife Fed’n, 497 U.S. 871,

888 (1990); see also Celotex, 477 U.S. at 324. Summary judgment must be granted for

the moving party if the nonmoving party “fails to make a showing sufficient to establish

the existence of an element essential to that party’s case, and on which that party will

bear the burden of proof at trial.” Celotex, 477 U.S. at 322; see also Abromson v. Am.

Pac. Corp., 114 F.3d 898, 902 (9th Cir. 1997).

In light of the evidence presented by the nonmoving party, along with any

undisputed facts, the Court must decide whether the moving party is entitled to judgment

as amatter of law. See T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d

626, 631 n.3 (9th Cir. 1987). When deciding a motion for summary judgment, “the

inferences to be drawn from the underlying facts . . . must be viewed in the light most

favorable to the party opposing the motion.” Matsushita Elec. Indus. Co. v. Zenith Radio

Corp., 475 U.S. 574, 587 (1986) (citation omitted); Valley Nat’] Bank of Ariz. v. A_E.

Rouse & Co., 121 F.3d 1332, 1335 (9th Cir. 1997). Summary judgment for the moving

party is proper when a rational trier of fact would not be able to find for the nonmoving

party on the claims at issue. See Matsushita, 475 U.S. at 587.

3 State Farm listed these alleged inconsistencies in its January 13, 2025 Denial Letter.

The Court does not assume the truth of State Farm’s statements in the January 13, 2025

Denial Letter for the purpose of this motion.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘O’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

IV. DISCUSSION

A. Breach of Contract Claim

State Farm argues that plaintiff's claim for breach of contract fails because plaintiff

cannot establish that he performed his obligations under the Policy. Mot. at 13. State

Farm argues that plaintiff breached multiple duties required of him under the Policy,

including by failing to give immediate notice to State Farm of his loss, failing to attach

all bills, receipts, and related documents that substantiate his submitted inventory, failing

to exhibit the alleged damaged property, failing to provide State Farm with his son’s cell

phone records, failing to produce his wife and son for EUOs, and failing to substantiate

the time of loss. Mot. at 15-16. State Farm argues that plaintiff's material breach of such

provisions, which are conditions precedent for coverage under the Policy, are grounds for

denying plaintiff's Claim. Id. at 16 (citing cases). State Farm further argues that

plaintiff's failure to perform his duties under the Policy substantially prejudiced State

Farm in fully and fairly conducting its investigation. Id. at 19.

In opposition, plaintiff argues that genuine issues of material fact exist as to

whether plaintiff substantially complied with his duties under the Policy to cooperate

with State Farm’s investigation. Opp. at 8. Plaintiff argues that only a total failure to

comply with the Policy’s proof of loss conditions will excuse an insurer’s denial of

benefits, whereas substantial compliance by the insured does not constitute breach. Id.

(citing cases). Here, plaintiff argues that because it is undisputed that he provided

documentation to State Farm, he diligently and substantially cooperated with State

Farm’s investigation. Id. Plaintiff argues that he did not breach the Policy by waiting a

week to notify State Farm of the Incident; instead, plaintiff argues that he immediately

reported the incident to the LAPD and repaired the allegedly broken window as required

by the Policy before submitting the Claim to State Farm. Id. Plaintiff also argues he did

not breach the Policy by submitting bills and receipts that did not match the inventory list

reported to LAPD because he did so inadvertently and not intentionally or fraudulently.

Id. at 9-10. Plaintiff further argues that he did not breach the Policy by repairing the

allegedly damaged window before reporting the Incident to State Farm or by failing to

provide an invoice with the date and time of the window repair. Id. Plaintiff argues that

he exhibited the allegedly damaged window by submitting photos of the broken window,

photos of the boarded-up window, photos of text messages demonstrating the cost of

window replacement, and the invoice for the window repair. Id. Plaintiff further argues

that he did not breach by refusing to provide his son’s cell phone records or complete

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

alarm records for the date of the Incident because his son’s cell phone records were not

material to State Farm’s investigation of the Incident. Id. at 10-11. Plaintiff further

argues that he did not breach by failing to produce members of his household for EUOs

regarding the Incident because State Farm never contacted him or his counsel to produce

members of plaintiff's household for EUOs. Id.

In reply, State Farm repeats that plaintiff's material breaches of the Policy

substantially prejudiced State Farm’s investigation of plaintiff's Claim. Reply at 2-3.

“1 T |he elements of a cause of action for breach of contract are (1) the existence of

the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant’s

breach, and (4) the resulting damages to the plaintiff.” Oasis W. Realty, LLC v.

Goldman, 51 Cal. 4th 811, 821 (2011) (citing Reichert v. General Ins. Co., 68 Cal. 2d

822, 830 (1968)). “Interpretation of an insurance policy is a question of law and follows

the general rules of contract interpretation.” MacKinnon v. Truck Ins. Exch., 31 Cal. 4th

635, 647 (2003).

“A condition precedent refers to an act, condition or event that must occur before

the insurance contract becomes effective or binding on the parties. In general, conditions

neither confer nor exclude coverage for a particular risk but, rather, 1mpose certain duties

on the insured in order to obtain the coverage provided by the policy.” N. Am. Capacity

Ins. Co. v. Claremont Liab. Ins. Co., 177 Cal. App. 4th 272, 289-90 (2009) (citation and

alterations omitted). An “insured’s ‘duties after loss’” that are “expressly listed [in] a

number of ‘conditions’ for coverage” are “conditions precedent for coverage under the

insurance contract.” Abdelhamid v. Fire Ins. Exch., 182 Cal. App. 4th 990, 999 (2010).

A failure to comply with a condition precedent precludes policy coverage. Hickman v.

London Assur. Corp., 184 Cal. 524, 533 (1920) (“If the insured cannot bring himself

within the terms and conditions of the policy, he cannot recover.”) (citation omitted).

“Documents proving the existence or value of personal property are relevant

and material to an insurer’s inquiry during the claims process.” Hernandez & Nunez, Inc.

v. Penn-Am. Ins. Co., No. CV 18-4192 AS, 2019 WL 1423770, at *11 (C.D. Cal. Feb.

15, 2019) (internal citation omitted). “The total failure to comply with the proof of loss

conditions will excuse an insurer’s potential liability due to failure of a condition

precedent.” 1231 Euclid Homeowners Assn. v. State Farm Fire & Cas. Co., 135 Cal.

App. 4th 1008, 1018 (2006).

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

“California courts have adopted the doctrine of substantial performance with

respect to conditions precedent.” Citrus El] Dorado LLC v. Stearns Bank, No. SACV 09-

1462, 2016 WL 7508194, at *5 (C.D. Cal. Apr. 18, 2016), aff'd sub nom. FNBN Rescon

I LLC v. Citrus El Dorado, LLC, 725 F. App’x 448 (9th Cir. 2018). An insured may be

found to have substantially complied with the insurance contract when “the insured’s

noncompliance was ... minor and the insured complied with at least some of the specific

requirements at issue.” Trishan Aur, Inc. v. Fed. Ins. Co., 635 F.3d 422, 432 (9th Cir.

2011) (citing cases). On the other hand, “California courts have rejected substantial

compliance arguments where the insured completely failed to comply with a warranty or

condition.” Id. “What constitutes substantial compliance or substantial performance is a

question of fact to be decided by the trier of fact.” Cline v. Yamaga, 97 Cal. App. 3d

239, 248 (1979); see also Citrus El] Dorado LLC, 2016 WL 7508194, at *5 (the “issue

here 1s whether [the plaintiff] substantially performed its obligations under the

[contract |—a highly fact-intensive inquiry”). See also Constantidines v. State Farm Gen.

Ins. Co., No. 2:24-CV-11091-JAK (JPRX), 2026 WL 372888, at *19 (C_D. Cal. Jan. 6,

2026) “Generally, a determination as to whether an insured breached his duty to

cooperate and whether an insurer was prejudiced by that breach are questions of fact.”’)

(citation omitted).

The Court finds that there is a genuine dispute whether plaintiff substantially

complied with his obligations under the Policy; accordingly, State Farm is not entitled to

summary judgment on plaintiffs breach of contract claim. State Farm argues that

Abdelhamid, 182 Cal. App. 4th at 999, and Brizuela v. CalFarms Ins. Co., 116 Cal. App.

4th 578, 587-591 (2004), support its argument that plaintiff breached the Policy by failing

to meet the conditions precedent to his coverage under the Policy. Mot. at 16-17.

However, Abdelhamid and Brizuela are distinguishable. Here, it is undisputed that on

August 12, 2024, plaintiff provided State Farm with a supplemental list of claimed stolen

inventory, “National Monitoring Center Site History records for February 2, 2024,” a

“Sworn Statement in Proof of Loss” (“SSPOL”) for $83,073, and plaintiff's phone

records. Resp. 4] 29-30. Moreover, it is undisputed that plaintiff participated in the

EUO. Resp. § 35. By contrast, in Abdelhamid, the California Court of Appeal affirmed

the trial court’s grant of summary judgment in favor of the insurer on the plaintiff's

breach of contract claim because the plaintiff had submitted none of the required

supplementary documentation by the time of her EUO, other than the estimated value of

loss for plaintiff's house. See 182 Cal App. 4th at 1000. Similarly, in Brizuela, the court

affirmed summary judgment on plaintiff's breach of contract claim in favor of the insurer

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

because the plaintiff “never submitted or agreed to submit to examination under oath” as

required by his policy. 116 Cal. App. 4th at 595. Here, because it is undisputed that

plaintiff submitted at least some of the requested supplementary documentation and

participated in his EUO, plaintiff did not completely fail to comply with the conditions

precedent to coverage under the Policy; therefore, there is a genuine dispute as to whether

plaintiff substantially complied with his duties under the Policy. See Cline, 97 Cal. App.

3d at 248. For example, there is a genuine dispute as to whether plaintiff failed to exhibit

the allegedly damaged window as requested by State Farm. See Resp. § 22. There is also

a genuine dispute as to whether plaintiff adequately confirmed the time of loss “to the

best of [his] knowledge and belief” by providing screenshots of the Property’s

surveillance footage and offering an explanation for the thirty-minute disparity between

the security footage timestamp of the Incident and the time of the Incident that plaintiff

reported. Dkt. 36-4 at 3. Furthermore, there are genuine disputes as to whether plaintiff

substantially complied with his duties to immediately notify State Farm of the loss, to

produce plaintiff's son’s cell phone records, and to produce his wife and son for EUOs,

given that such issues raise factual questions as to what constitutes immediate notice,

what documents were material to State Farm’s investigation, and whether plaintiff had

the authority to compel his wife and son appear for an EUO. See Resp. 9 3, 7, 27, 28,

41, 42. Accordingly, because there is a genuine dispute as to whether plaintiff

substantially complied with his duties under the Policy, State Farm is not entitled to

summary judgment on plaintiff's breach of contract claam. McCormick v. Sentinel Life

Ins. Co., 153 Cal. App. 3d 1030, 1046 (1984) (“[W]here, as here, the insured may

have substantially complied with those conditions of insurance we believe a summary

judgment order is improper.”’) (emphasis in original).

B. _ Breach of the Implied Covenant of Good Faith

State Farm argues that plaintiff's second claim for breach of the implied covenant

of good faith and fair dealing fails because State Farm did not wrongfully withhold

benefits due under the Policy. Mot. at 20. State Farm further argues that its denial of

benefits was reasonable because State Farm’s reasonably concluded that plaintiff

breached the Policy. Mot. at 21. State Farm contends that because plaintiff caused

unreasonable delay during the investigation and failed to submit certain documents, State

Farm’s denial of the Claim was objectively reasonable. Mot. at 22.

In opposition, plaintiff argues that there is a genuine dispute as to whether State

Farm breached the implied covenant of good faith and fair dealing by refusing to pay

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘O’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

Policy benefits without proper cause. Opp. at 14. Plaintiff argues that State Farm never

attempted to help him value or estimate his stolen inventory and did not reconcile

differences in value in favor of affording coverage to plaintiff. Id. Plaintiff further

argues that State Farm’s entire investigation of the Incident was biased against him due to

State Farm’s pre-conceived belief that his Claim was fraudulent. Id. Plaintiff argues that

State Farm’s investigation of his Claim was biased because it was assigned to State

Farm’s special investigative unit almost immediately after he filed the Claim and because

the special investigative unit was tasked with inquiring into a 2009 insurance fraud

charge associated with plaintiff. Id. Thus, plaintiff argues that State Farm unreasonably

denied his Claim in bad faith. Id. at 15.

In reply, State Farm argues that plaintiff fails to provide any evidence that State

Farm’s denial of his Claim was in bad faith. Reply at 3-4.

“Where there is a ‘genuine dispute’ between the insurer and the insured as to the

existence of coverage or the amount due under the policy, the insurer cannot be liable in

tort for breach of the implied covenant of good faith and fair dealing.” Rappaport—Scott

v. Interinsurance Exch. of Auto. Club, 146 Cal. App. 4th 831, 837 (2007); see also

Chateau Chamberay Homeowners Ass’n v. Associated Int] Ins. Co., 90 Cal. App. 4th

335, 347 (2001) (“It is now settled law in California that an insurer denying or delaying

the payment of policy benefits due to the existence of a genuine dispute with its insured

as to the existence of coverage liability or the amount of the insured’s coverage claim is

not liable in bad faith even though it might be liable for breach of contract.”’); Lunsford v.

Am. Guarantee & Liab. Ins. Co., 18 F.3d 653, 656 (9th Cir. 1994) (“[A] court can

conclude as a matter of law that an insurer’s denial of a claim is not unreasonable, so long

as there existed a genuine issue as to the insurer’s liability.” (citing Franceschi v.

American Motorists Ins. Co., 852 F.2d 1217, 1220 (9th Cir.1988)). “If conduct of the

insurer in denying coverage was objectively reasonable, its subjective intent 1s

irrelevant.” CalFarm Ins. v. Krusiewicz, 131 Cal. App. 4th 273, 287 (2005). “A genuine

dispute can be based ‘on the fraud language in the policy,’ even where the insured claims

that the insurer’s investigation was biased.” Feldman v. Allstate Ins. Co., 322 F.3d 660,

670 (9th Cir. 2003) (citing Guebara v. Allstate Ins. Co., 237 F.3d 987, 996 (9th Cir.

2001)). Moreover, it is “not unreasonable for [the insurer] to rely on | factual]

circumstances to conclude that [plaintiff]’s original claim may have been fraudulent.

Such reasonableness is all that need be shown, even if it would be possible for a trier of

fact to determine that [the insurer] ultimately is liable under the policy.” Id. at 670

(holding that the insurer was entitled to summary judgment on plaintiffs breach of the

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

implied covenant of good faith claim because the insurer’s reliance on information that a

claimant had “purposely inflated the value of the stolen goods” and “never amended or

resubmitted his claim even after [becoming] aware that the goods may have been worth

much less” to deny his claim was reasonable).

The Court finds that there is a genuine dispute over whether plaintiff complied

with his duties under the Policy such that State Farm was obligated to provide coverage

for his Claim; therefore, State Farm is entitled to summary judgment on plaintiff's breach

of the implied covenant of good faith claim. Rappaport—Scott, 146 Cal. App. 4th 831 at

837; Chateau Chamberay Homeowners Ass’n, 90 Cal. App. 4th at 347. As discussed,

there are genuine disputes as to whether plaintiff substantially complied with his duty to

immediately notify State Farm of his claimed loss, failed to exhibit the allegedly

damaged window, failed to confirm the time of loss “to the best of [his] knowledge and

belief,” and failed to “attach[] all bills, receipts, and related documents that substantiate

the figures in the inventory [of damaged or stolen personal property.” Dkt. 36-4 at 3;

Resp. 4 3, 7, 27, 28, 33, 34. Plaintiff himself acknowledges that he inadvertently

submitted some receipts that did not match either the SSOL or the updated inventory list,

and that he never amended or resubmitted his Claim to correct these discrepancies. See

Opp. at 10. Moreover, given these discrepancies, and given evidence of a “2009

insurance fraud charge associated to [plaintiff],” dkt. 40-10 at 8, “[i]t was not

unreasonable for [State Farm] to rely on these circumstances to conclude that [plaintiff's]

original claim may have been fraudulent” and deny plaintiff's Claim. See Feldman, 322

F.3d at 670; Franceschi v. American Motorists Ins. Co., 852 F.2d 1217, 1220 (9th Cir.

1988) (applying California law and stating that “a court can conclude as a matter of law

that an insurer’s denial of a claim is not unreasonable, even if the court concludes the

claim is payable under the policy’).

Because “there is a ‘genuine dispute’ between [State Farm] and [plaintiff] as to the

existence of coverage or the amount due under the [P]olicy, [State Farm] cannot be liable

in tort for breach of the implied covenant of good faith and fair dealing.” Rappaport—

Scott, 146 Cal. App. 4th at 837. Accordingly, State Farm is entitled to summary

judgment on plaintiff's claim for breach of the implied covenant of good faith.

C. Negligent Misrepresentation

State Farm argues that plaintiff's negligent misrepresentation claim fails because

plaintiff cannot establish that State Farm made a misrepresentation without reasonable

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

ground for believing it to be true. Mot. at 22. Plaintiff alleges that State Farm

misrepresented to him that he breached his duties owed to State Farm under the Policy.

See FAC 4 12, 40-41. State Farm argues that at the very least it had a reasonable basis

to believe that plaintiff had breached his duties under the Policy. Mot. at 23. State Farm

further argues there is no evidence suggesting that plaintiff justifiably relied on State

Farm’s alleged misrepresentation that plaintiff breached his duties under the Policy. Id.

In opposition, plaintiff argues that there are genuine disputes of material fact as to

the first three elements of negligent misrepresentation. Opp. at 15. Plaintiff also argues

that he justifiably relied on State Farm’s misrepresentation by replacing a few of the

stolen items. Id.

In reply, State Farm argues that it made truthful representations that plaintiff did

not comply with his obligations under the Policy and that plaintiff intentionally concealed

or misrepresented material facts or circumstances during State Farm’s investigation.

Reply at 4-5.

Negligent misrepresentation is the “assertion, as a fact, of that which is not true, by

one who has no reasonable ground for believing it to be true.” Cal. Civ. Code § 1710,

subd. (2). “The elements of negligent misrepresentation are (1) the misrepresentation of

a past or existing material fact, (2) without reasonable ground for believing it to be true,

(3) with intent to induce another’s reliance on the fact misrepresented, (4) justifiable

reliance on the misrepresentation, and (5) resulting damage.” UMG Recordings, Inc. v.

Glob. Eagle Ent., Inc., No. CV 14-3466-MMM-JPRx, 2015 WL 12746208, at *18 (C.D.

Cal. Oct. 30, 2015) (citing Apollo Cap. Fund, LLC v. Roth Cap. Partners, LLC, 158 Cal.

App. 4th 226, 243 (2007)). “Unlike fraud, negligent misrepresentation does not require

knowledge of falsity. Instead, a person who makes false statements, honestly believing

that they are true, may still be liable for negligent misrepresentation if he or she has no

reasonable grounds for such belief.” Id. (cleaned up). See also Leason v. Berg, 927 F.2d

609 (9th Cir. 1991) (“Negligent misrepresentation requires ‘the suggestion, as a fact, of

that which is not true, by one who has no reasonable ground for believing it to be true.’

Cal.Civ.Code § 1710(2).”).

The Court finds that State Farm is entitled to summary judgment on plaintiff's

negligent misrepresentation claim because State Farm has met its initial burden of

demonstrating that it had reasonable grounds believing its representation that plaintiff had

breached his duties under the Policy was true, and plaintiff has not set forth evidence

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

showing a genuine issue for trial; the undisputed record demonstrates that State Farm had

reasonable grounds for representing that plaintiff had breached his duties under the

Policy. As the Court has discussed, the Court finds that there are genuine disputes as to

whether plaintiff substantially complied with his duties under the Policy and as to

whether State Farm breached its obligation to provide coverage for plaintiff's Claim.

Accordingly, the Court concluded that, as a matter of law, State Farm’s denial of

plaintiff's Claim was not unreasonable. See Lunsford v. Am. Guarantee & Liab. Ins. Co..,

18 F.3d 653, 656 (9th Cir. 1994) (“[A] court can conclude as a matter of law that an

insurer’s denial of a claim is not unreasonable, so long as there existed a genuine issue as

to the insurer’s liability.”). It follows that State Farm’s representation that plaintiff

breached his duties under the Policy was not unreasonable—that 1s, State Farm did not

make such representation “without reasonable ground for believing it to be true.” See

Apollo Cap. Fund, LLC, 158 Cal. App. 4th at 243. Thus, plaintiff cannot maintain his

negligent misrepresentation claim.

Accordingly, the Court grants State Farm’s motion for summary judgment as to

plaintiff's negligent misrepresentation claim.

D. Punitive Damages

State Farm argues that plaintiff's claim for punitive damages fails because there 1s

no evidence that State Farm acted with oppression, fraud, or malice. Mot. at 23. State

Farm argues that if plaintiff's bad faith claim fails, then his claim for punitive damages

should fail as well. Mot. at 23-24. State Farm further argues that even if the Court does

not summarily adjudicate plaintiff's claim for bad faith, a finding of bad faith alone does

not establish the required intent to injure for punitive damages. Mot. at 24.

In opposition, plaintiff argues that he has provided clear and convincing proof of

oppression by State Farm that warrants punitive damages. Opp. at 16. Plaintiff argues

that State Farm’s immediate assignment of the Claim to State Farm’s special

investigative unit, the unit’s inquiry into the 2009 insurance fraud charge, State Farm’s

repetitive requests for documentation, State Farm’s false statement that it requested

EUOs from plaintiff's household members, and State Farm’s inaccurate non-meritorious

loss amount all demonstrate oppression by State Farm. Id.

In reply, State Farm argues that even “[a]ssuming arguendo that the Court does

determine that there is a triable issue of fact regarding [p]laintiff’s [breach of the implied

covenant of good faith claim], the evidence provided by [p]laintiff does not meet the

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title -Arutyun Darakchyan v. State Farm General Insurance Company et al. □

strict clear and convincing evidence standard required to award punitive damages.”

Reply at 5.

“Tn the insurance policy setting, an insured may recover damages not otherwise

available in a contract action, such as . . . punitive damages if there has been oppression,

fraud, or malice by the insurer.” Cates Constr., Inc. v. Talbot Partners, 21 Cal. 4th 28,

43-44 (1999) (citing Cal. Civ. Code § 3294). “Before a plaintiff may ever recover under

a claim for punitive damages, he or she must first establish by clear and convincing

evidence that the defendant acted with malice, oppression or fraud.” Adams v. Allstate

Ins. Co., 187 F. Supp. 2d 1207, 1218 (C_D. Cal. 2002) (citations omitted). ““Thus, a

plaintiff who is not able to survive summary judgment on an insurance bad faith claim, is

also unable to survive summary judgment on a related claim for punitive damages.’”

Mohr v. Catlin Ins. Co., No. 5:21-CV-01014-FWS-KK, 2023 WL 4680794, at *11 (C.D.

Cal. May 3, 2023) (quoting Adams, 187 F. Supp. 2d at 1231). Even if an insurer

“wiolated its duty of good faith and fair dealing, this alone does not necessarily establish

that [the insurer] acted with the requisite intent” to award punitive damages. Silberg v.

California Life Ins. Co., 11 Cal. 3d 452, 462-63 (1974).

Here, because the Court has found that State Farm is entitled to summary judgment

on plaintiff's claim for breach of the implied covenant of good faith, State Farm is also

entitled summary judgment on plaintiff's claim for punitive damages. Adams, 187 F.

Supp. 2d at 1219 (“[A] plaintiff who is not able to survive summary judgment on an

insurance bad faith claim, is also unable to survive summary judgment on a

related claim for punitive damages.’’); see also Lunsford v. Am. Guarantee & Liab. Ins.

Co., 18 F.3d 653, 656 (9th Cir. 1994) (“Punitive damages may be awarded when the

insurer breaches the covenant of good faith and fair dealing and is “guilty of oppression,

fraud or malice.’”) (emphasis added). Plaintiff may not recover punitive damages for

breach of contract, plaintiff's sole surviving claim. City of Hope Nat'l Med. Ctr. v.

Genentech, Inc., 43 Cal. 4th 375, 392 (2008).

Accordingly, the Court grants State Farm’s motion for summary judgment on

plaintiff's claim for punitive damages.

V. CONCLUSION

In accordance with the foregoing, the Court DENIES State Farm’s motion for

summary judgment on plaintiff's breach of contract claim.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘QO’

Case No. 2:25-cv-03880-CAS-AJRx Date August 11, 2026

Title Arutyun Darakchyan v. State Farm General Insurance Company et al.

The Court GRANTS State Farm’s motion for summary judgment on plaintiffs

claim for breach of the implied covenant of good faith and fair dealing.

The Court GRANTS State Farm’s motion for summary judgment on plaintiffs

claim for negligent misrepresentation.

The Court GRANTS State Farm’s motion for summary judgment on plaintiffs

claim for punitive damages.

The Court VACATES the hearing scheduled for August 17, 2026.

IT IS SO ORDERED.

00 : 00

Initials of Preparer CMI

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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