Cerecedes

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6

JASON CERECEDES,

7 Case No. 24-cv-06558-DMR Plaintiff, 8 v. ORDER DENYING DEFENDANT 9 HOUSTON CASUALTY COMPANY’S

HOUSTON CASUALTY COMPANY MOTION TO DISMISS

10 and DOES 1-100, inclusive, Re: Dkt. No. 13 11 Defendants. 12 13 Plaintiff Jason Cerecedes filed a Second Amended Complaint against Houston Casualty 14 Company (“HCC” or “Defendant”) and Does 1-100, asserting three claims: breach of contract; 15 breach of the covenant of good faith and fair dealing; and declaratory relief for the appointment of 16 Cumis counsel pursuant to California Civil Code § 2860. [Docket No. 11 (Second Amended 17 Complaint, “SAC”).] Plaintiff also seeks punitive damages. [Id.] Defendant now moves to 18 dismiss the claim for declaratory relief as to Cumis counsel and the request for punitive damages. 19 [Docket No. 13 (Motion to Dismiss, “MTD”).] Plaintiff opposes the motion [Docket No. 14, 20 “Opp’n”], and Defendant filed a reply [Docket No.…