Loughney

ORDER GRANTING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS

This matter is before the court on defendant Allstate Insurance Company’s (“Allstate”) Motion For Judgment On The Pleadings (“Motion”) in this action alleging breach of insurance contract and bad faith. Allstate removed the case from state court on the basis of diversity jurisdiction. Plaintiffs Vincent and Gaytonne Loughney (“Loughneys”) allege in their Complaint their Oceanside, California property was damaged in 2005 by a landslide caused by the negligence of the City of Oceanside “for failing to maintain water lines and sewer lines in and around the neighborhood.” Compl. ¶ 9. They allege Allstate wrongfully denied payment of their claim under their homeowners insurance policy. The Loughneys filed Opposition to the Motion, and Allstate filed a Reply. Pursuant to Civil Local Rule 7.1(d)(1), the court finds the issues appropriate for decision on the papers and without oral argument. For the reasons discussed below, the Motion is GRANTED, and the Complaint is dismissed with prejudice.

Judgment on the pleadings under Fed.R.Civ.P. 12(c) “is properly granted when, taking all the allegations in the pleadings as true,…