Clark v. Allstate Insurance
Opinion
Opinion
Whelan, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO STRIKE
This matter comes before the Court on a motion to strike filed by Defendant Allstate Insurance Company (“Allstate”). Plaintiff John T. Clark (“Plaintiff’) opposes. Both parties are represented by counsel.
I. Background
On April 7, 2000 Plaintiff commenced this action in San Diego Superior Court against Allstate alleging claims for breach of contract and breach of the implied covenant of good faith and fair dealing. On May 31, 2000 Allstate timely removed this case to district court. (See Not. of Removal ¶ 1).
On June 8, 2000 Allstate filed a motion to strike pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. Plaintiff filed its opposition on July 17, 2000 and Allstate replied on July 24, 2000. The Court thereafter took the motion under submission and issues this Order on the papers submitted pursuant to Civil Local Rule 7.1.d.l.
II. Discussion
Allstate’s motion seeks to strike (1) Plaintiffs prayer for punitive damages and (2) Plaintiffs attorney’s fees request arising under his breach of contract claim. The Court will address each argument in turn.
1. Motion to Strike Punitive Damages…