Briano
Briano v. Conseco Life Insurance
Opinion
Opinion
Timlin, J.
ORDER (1) GRANTING PLAINTIFF’S MOTION FOR REMAND PURSUANT TO 28 U.S.C § 1447(c) AND (2) REMANDING THE ACTION TO THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNAR-DINO.
The court, the Honorable Robert J. Tim-lin, has read and considered plaintiff Albert Briano (“Plaintiff’)’s motion (the “Motion”) for remand pursuant to 28 U.S.C. § 1447 (c) (“Section 1447(c)”), defendants Conseco Life Insurance Co. and Philadelphia Life Insurance Co. (“Defendant’s”)’s opposition, and Plaintiffs reply.
i.
BACKGROUND
Plaintiff filed a complaint (the “Complaint”) in the Superior Court of the State of California for the County of San Ber-nardino County — Rancho Cucamonga District.
In the Complaint, Plaintiff alleges five state law-based causes of action, including a cause of action titled “Negligence” against Gorham Insurance Services, Inc. (“Gorham”). All five causes of action relate to the cancellation of a life insurance policy which was purchased through Gor-ham, an insurance agent and/or broker, and issued by Defendants. Plaintiff alleges that Gorham, “as Plaintiffs insurance agent and/or broker owed Plaintiff a duty of care in the administration and processing of the…