Enger

Enger v. Allstate Insurance

Good Law
682 F. Supp. 2d 1094·2009 WL 5761961·2009 U.S. Dist. LEXIS 114485
United States District Court, Eastern District of CaliforniaDecember 9, 20092:09-cv-02618California2,047 words

Opinion

Opinion

Burrell, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

On October 15, 2009, Defendants Allstate Insurance Company (“Allstate”) and Allstate Property and Casualty Company filed a motion under Federal Rule of Civil Procedure 12(b)(6) in which they seek an order dismissing Plaintiffs complaint, or alternatively, an order compelling appraisal and staying this action pending completion of the appraisal process. (Docket No. 16). At issue in this motion is whether Plaintiff must complete the appraisal process in her insurance policy before her claims may be heard by a court. For the reasons stated below, Defendants’ motion to dismiss is GRANTED.

I. Legal Standard

“In deciding ... a [Federal Rule of Civil Procedure 12(b)(6) dismissal] motion, all material allegations of the complaint are accepted as true, as well as all reasonable inferences to be drawn from them. Dismissal is proper only where there is no cognizable legal theory or an absence of sufficient facts alleged to support a cognizable legal theory.” Navarro v. Block, 250 F.3d 729, 732 (9th Cir.2001). To avoid dismissal, plaintiff must allege “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v.…

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