Brown
Brown v. Allstate Insurance
Opinion
Opinion
Brewster, J.
ORDER (1) DECLINING REMAND AND VACATING MAY 19, 1998 ORDER TO SHOW CAUSE, (2) DISMISSING DEFENDANTS BAKER, TOMASELLO AND GICK AS FRAUDULENTLY JOINED, (3) GRANTING IN PART AND DENYING IN PART DEFENDANT ALLSTATE’S RULE 12(B)(6) MOTION TO DISMISS, AND (4) GRANTING PLAINTIFF LEAVE TO FILE A SECOND AMENDED COMPLAINT
I. BACKGROUND
Michael Brown (“Plaintiff’) owns two plumbing companies that performed plumbing contracting and insurance claim work for Allstate Insurance Company (“Allstate”). A business dispute ensued between Plaintiff and Allstate, and Allstate subsequently ceased to use Plaintiffs services. On December 18,1997, Plaintiff sued Allstate and three alleged Allstate employees, Ken Baker, Jim Tomasello, and Robert Gick, in the Superior Court of California, alleging nine state law causes of action.
On January 20, 1998, Defendants removed the case to the United States District Court for the Southern District of California pursuant to 28 U.S.C. § 1441 (b), asserting that this Court possessed diversity jurisdiction under 28 U.S.C. § 1332 . On March 30, 1998, Allstate filed a motion to dismiss Plaintiffs complaint pursuant to FED. R. CIV. P. 12(b)(6). Plaintiff filed a First…