Ellsworth

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS

[ECF Nos. 174, 175]

INTRODUCTION

In this putative class action, Plaintiffs . challenge their lender U.S. Bank’s business practices associated with force-placing flood insurance on their real property that was underwritten by Defendant American Security Insurance Company (“ASIC”). They also allege that U.S. Bank received kickbacks or other compensation from ASIC. Second Amended Class Action Complaint (“SAC”), ECF No. 169, ¶ 2. 1 Plaintiffs states six claims in the SAC: (1) breach of contract against U.S. Bank; (2) breach of the covenant of good faith and fair dealing against U.S. Bank; (3) — (4) unjust enrichment against U.S. Bank and ASIC; and (5) — (6) violations of California Business & Professions Code section 17200 et seq. against U.S. Bank and ASIC. See id., ¶¶ 86-130.

ASIC and U.S. Bank move to dismiss the SAC, arguing that certain claims are (1) moot, (2) barred by the filed rate doctrine, (3) barred by the express terms of the governing contracts, and (4) fail to state a claim. See ASIC Motion to Dismiss, ECF No. 175; U.S. Bank Motion to Dismiss, ECF No. 174. Ellsworth opposed the motions on February 14, 2014. See…