Cerecedes
Cerecedes v. Houston Casualty Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
JASON CERECEDES,
Case No. 24-cv-06558-DMR Plaintiff, 8 v. ORDER DENYING DEFENDANT HOUSTON CASUALTY COMPANY’S
HOUSTON CASUALTY COMPANY MOTION TO DISMISS
and DOES 1-100, inclusive, Re: Dkt. No. 13 Defendants. 12 Plaintiff Jason Cerecedes filed a Second Amended Complaint against Houston Casualty Company (“HCC” or “Defendant”) and Does 1-100, asserting three claims: breach of contract; breach of the covenant of good faith and fair dealing; and declaratory relief for the appointment of Cumis counsel pursuant to California Civil Code § 2860. [Docket No. 11 (Second Amended Complaint, “SAC”).] Plaintiff also seeks punitive damages. [Id.] Defendant now moves to dismiss the claim for declaratory relief as to Cumis counsel and the request for punitive damages. [Docket No. 13 (Motion to Dismiss, “MTD”).] Plaintiff opposes the motion [Docket No. 14, “Opp’n”], and Defendant filed a reply [Docket No.…