Lasley

Lasley v. New England Variable Life Insurance

Good Law

126 F. Supp. 2d 1236·1999 WL 33104899·1999 U.S. Dist. LEXIS 10890

United States District Court, Northern District of CaliforniaMay 3, 1999C 99-0995 MMCCalifornia974 words

Opinion

Chesney, J.

ORDER FINDING GOOD CAUSE; DENYING PLAINTIFFS’ MOTION TO REMAND; GRANTING DEFENDANTS’ MOTION TO DISMISS; VACATING MAY 7, 1999 HEARING

I.INTRODUCTION

Before the Court are defendants’ motion to dismiss, plaintiffs’ motion to remand, and the Court’s order to show cause (“OSC”) why the case should not be dismissed for lack of subject matter jurisdiction. The motion to remand came on regularly for hearing on April 30,1999, Lingel H. Winters appearing for plaintiffs and James H. Fleming and C. Mark Humbert of Fleming & Phillips LLP appearing for defendants.

The Court, having considered the papers submitted in support of and in opposition to the respective motions and the responses to the OSC, as well as the arguments presented by counsel at the April 30, 1999 hearing, vacates the hearing set for May 7, 1999 on defendants’ motion to dismiss, and rules as follows:

II. BACKGROUND

On February 2, 1999, plaintiffs filed a class action complaint in state court alleging violations of the California Consumers Legal Remedies Act, Fraud and Deceit, Negligent Misrepresentation, Unfair Competition, Negligence, Breach of Contract, Interference with Prospective Economic Damage, and Breach of…

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