Osborn

ORDER

Plaintiffs, Wyman Osborn and Andrea Osborn, brought suit in the Superior Court of the State of California against two insurance companies, Metropolitan Life Insurance Company (“Met Life”) and First American Special Insurance Company (“First American”). Wyman Osborn asserts against Met Life a breach of duty of good faith and fair dealing claim and a breach of contract claim. Against First American the Osborns assert identical claims.

Defendant Met Life answered and asserted twenty four affirmative defenses, among them, improper joinder of both plaintiffs and defendants. Defendant Met Life then removed the action, arguing that plaintiffs fraudulently joined First American and Met Life. The matter is before the court on plaintiffs’ motion to remand.

I.

FACTS

Plaintiff Wyman Osborn alleges that he paid premiums and performed all acts necessary to ensure coverage under the disability policy issued to him by Met Life. Pl.’s Compl. at ¶ 5. On January 31, 2003, Mr. Osborn notified Met Life that in September 2002, he had an accident. He claimed that he ran into a tree limb and that his primary diagnosis was cervical lumbar problems. Kaarela Decl. at ¶ 2; Def.’s Exh. 1. A claim…