Palma
Palma v. Prudential Insurance
Opinion
Opinion
Wilken, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR REMAND AND DENYING PLAINTIFF’S REQUEST FOR ATTORNEYS’ FEES
Plaintiff Miguel A. Palma moves to remand this removed action to state court and requests attorneys’ fees and costs. Defendant Prudential Insurance Company opposes the motion. Having considered all of the papers filed by the parties, the Court grants Plaintiffs motion for remand and denies Plaintiffs request for attorneys’ fees and costs.
BACKGROUND
Plaintiff filed this case in state court alleging that Prudential wrongfully denied benefits owing to him under his long term disability insurance policy, when he became disabled from his occupation as a certified public accountant. Plaintiff also alleges that Prudential violated California Insurance Code § 790.03(h)(1) by knowingly misrepresenting the correct definition of “total disability” to California claimants, including Plaintiff.
Plaintiff asserts claims against Prudential for breach of contract, breach of the covenant of good faith and fair dealing, intentional misrepresentation and intentional infliction of emotional distress. In the same complaint, Plaintiff seeks a writ of mandate against the Commissioner of the California…