Jabour

Jabour v. Cigna Healthcare of California, Inc.

Good Law

162 F. Supp. 2d 1119·2001 WL 1097022·26 Employee Benefits Cas. (BNA) 2648·2001 U.S. Dist. LEXIS 14638

United States District Court, Central District of CaliforniaAugust 22, 2001CV01-01578ABC(AJWX)California5,447 words

Opinion

Collins, J.

ORDER RE: MOTION TO DISMISS; FED. R. CIV. PRO. 12(B)(6)

In a case involving a claim for benefits, as well as six claims for alleged failures to supply requested information, pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., Plaintiff (without opposition from Defendant and therefore with leave of Court) filed a First Amended Complaint (“FAC”) which added a claim for tortious breach of the implied covenant of good faith and fair dealing (“implied covenant claim”) under California common law. On July 27, 2001, Defendant filed a Motion to Dismiss (the “Motion”) the implied covenant claim. Plaintiff has opposed. The Court decides the Motion without need for oral argument. See Fed. R. Civ. Pro. 78; Local Rule 7.11. Accordingly, the noticed hearing on August 27, 2001 is hereby VACATED. For reasons detailed below, the Mo tion is hereby GRANTED. Plaintiffs Eighth Claim for Relief is hereby DISMISSED.

I. PROCEDURAL HISTORY

Plaintiff JASMINE JABOUR (“Plaintiff,” or “Jabour”) commenced the instant civil suit with a Complaint filed on February 16, 2001 naming sole Defendant CIG-NA HEALTHCARE OF CALIFORNIA, INC. (“Defendant,” or “CIGNA”). The…

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