Ngoc Tran Ton v. New York Life Insurance Company

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 THAO NGOC TRAN TON, an individual, Case No.: 3:23-cv-02200-W-AHG

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO DISMISS [Doc. 9] NEW YORK LIFE INSURANCE COMPANY; and DOES 1 through 10, 14 inclusive, Defendants. 16 17 Pending before the Court is defendant New York Life Insurance Company’s (“NYLIC”) motion to dismiss the first amended complaint ([Doc. 8], “FAC”) under Federal Rule of Civil Procedure 12(b). ([Doc. 9], “Motion”.) Plaintiff Thao Ngoc Tran Ton opposes ([Doc. 10], “Opposition”) and NYLIC has replied ([Doc. 12], “Reply”.) The Court decides the matter on the papers submitted and without oral argument. See CivLR 7.1(d)(1). For the following reasons, the Court GRANTS IN PART and DENIES IN PART the Motion. 25 26 I. RELEVANT BACKGROUND The FAC is certainly no model of clarity. It contains numerous incomplete sentences, grammatical issues, and typographical errors that make it…