Dias

ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

This case arises from the purchase of life insurance polices by Plaintiffs Melvin Dias (“Melvin”) and Evelyn Dias (“Evelyn”) from Defendant Nationwide Life Insurance Company (“Nationwide”). Plaintiffs allege a single claim of fraud and seek to recover inter alia over $400,000 in premiums. Nationwide removed the case from the Fresno County Superior Court on the basis of diversity jurisdiction. Nationwide now moves for summary judgment. For the reasons that follow, the motion will be denied.

FACTUAL BACKGROUND

From 1996 to 2007, John Pena (“Pena”) served as the Diases’ financial advisor. JUMF 5. During this time, Pena was a Florida resident, and Melvin spoke to him about twenty times per month. JUMF 5, 7. In his capacity as financial advisor, Pena provided Plaintiffs with advice regarding the sale of their family business as well as the purchase of stocks, bonds, mutual funds, real estate, IRA’s, and life insurance. JUMF 6. Plaintiffs had a relation ship of trust and confidence with Pena. PUMF 1. Pena introduced Plaintiffs to foreign real estate investments and their families took vacations together. See id.

In late summer or fall…