Excerpt: ...ition precedent to coverage under such policy. See Brizuela v. Calfarm Insur. Co. (2004) 116 Cal.App.4 th 578, 590; Hickman v. London Assurance Corp. (1920) 184 Cal. 524, 529-30. As the Cross- Defendants failed to oppose the motion, they failed to meet their evidentiary burden to show the existence of a triable issue of material fact. The Motion is also granted as to the Petition. The court determination that there is no coverage for the Plaintif...

Excerpt: ... an agent of the tenant in Civ. Code § 1162(b)(2). The terms of the commercial lease agreement between the plaintiff and defendant provides that notices given are effective upon “…the earliest of the following: (i) personal receipt by either party or their agent…” The third amended complaint alleges that personal delivery of the notice to quit was made upon the defendant's officer manager on 03/10/17. The court finds that an allegation t...