Iman Zahedi v. Liberty Insurance Corporation
Opinion
trial_court Opinion
I. Introduction
On May 14, 2024, Iman Zahedi and Azam Cheraghian (collectively, “Plaintiffs”) brought this action against Liberty Mutual Insurance in the Los Angeles Superior Court (the “Complaint”). Dkt. 1 Ex. B. On May 27, 2024, Liberty Insurance Corporation (“Defendant” or “LIC”) filed a Notice of Removal, stating that Plaintiff erroneously sued Defendant as “Liberty Mutual Insurance.” Dkt. 1. Defendant removed the action on the basis of diversity jurisdiction. Dkt. 1.
The Complaint advances the following causes of action:
1. Declaratory relief under Cal. Code Civ. Proc. § 1060; 2. Breach of insurance contract; 3. Insurance bad faith; 4. Financial elder abuse; 5. Negligent infliction of emotional distress.
Dkt. 1 Ex. B ¶¶ 19–44.
On July 26, 2024, Plaintiff filed a Motion to Remand (the “Motion” (Dkt. 15)). On September 10, 2024, Defendant filed an opposition (the “Opposition” (Dkt. 19)) and a request for judicial notice (the “RJN” (Dkt. 19-2)). On September 16, 2024, Plaintiff filed a reply (the “Reply” (Dkt. 22)).
A hearing on the Motion was held on September 30, 2024, and the matter was taken under submission; provided, however, Defendant was ordered to proffer…