Heighley
Heighley v. J.C. Penney Life Insurance
Opinion
Opinion
Manella, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFF’S MOTION FOR CONTINUANCE
I. INTRODUCTION
On August 7, 2001, Anthony Heighley (“Plaintiff’) filed an action in San Francisco Superior Court against J.C. Penney Life Insurance Co. (“JCPenney Life”) and J.C. Penney Co., Inc. (JCPenney Co.) (collectively “Defendants”), and Does 1 through 20 inclusive. Plaintiffs Complaint alleges: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) negligence, (4) violation of Bus. & Prof.Code § 17200, and (5) violation of Bus. & Prof.Code § 17500. On September 6, 2001, Defendants filed a notice of removal to the United States District Court for the Northern District of California. On October 7, 2002, this court accepted transfer. This action arises out of Defendants’ denial of policy benefits to Plaintiff in connection with the death of his mother.
Currently before the court are (1) Defendants’ motion for summary judgment or, in the alternative, partial summary judgment and (2) Plaintiffs motion for a continuance to conduct discovery pursuant to Federal Rule of Civil Procedure 56(f). Defendants assert the…