Marshall

ORDER RE DEFENDANT’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO STRIKE

This is an action for breach of contract, breach of the implied covenant of good faith and fair dealing, and violation of California’s Unfair Competition Act, Business & Professions Code §§ 17200 et seq. Plaintiff Linda Marshall was insured by defendant Standard Insurance Company under a group disability policy issued to Marshall’s employer, the City of Lompoc. Standard has moved to dismiss Marshall’s third cause of action for unfair business practices, to the extent it purports to seek relief on behalf of the general public. Alternatively, Standard seeks an order striking Marshall’s prayer for disgorgement and injunctive relief.

I. FACTUAL BACKGROUND

In deciding a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, the court’s review is limited to the contents of the complaint. See Campanelli v. Bockrath, 100 F.3d 1476, 1479 (9th Cir.1996). The court must accept as true all allegations of material fact set forth in the complaint, and construe them in the light most favorable to the non-moving party. See Smith v. Jackson, 84 F.3d 1213, 1217 (9th Cir.1996). Accordingly, this…