Landucci

Landucci v. State Farm Insurance

Good Law
65 F. Supp. 3d 694·2014 WL 3962845
United States District Court, Northern District of CaliforniaAugust 12, 2014Case No.: 5:14-cv-00789-LHKCalifornia10,339 words

Opinion

Lead Opinion

Koh, J.

CORRECTED ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

Plaintiff Melissa Landucci (“Plaintiff’) brings this action against Defendants State Farm Insurance Company (“State Farm”), David Colker, and Does 1 through 25 (collectively, “Defendants”). Defendants move to dismiss Plaintiffs third through seventh causes of action: hostile work environment, wrongful termination in violation of public policy, intentional infliction of emotional distress, breach of implied contract, and breach of the covenant of good faith and fair dealing. Pursuant to Civil *700 Local Rule 7 — 1(b), the Court finds this motion appropriate for determination without oral argument. Accordingly, the hearing set for July 24, 2014, at 1:30 p.ni. is VACATED. Having considered the briefing, the record in this case, and applicable law, the Court GRANTS IN PART and DENIES IN PART Defendants’ motion to dismiss.

I. BACKGROUND

A. Factual Allegations

Plaintiff is a former employee of State Farm. She had been with the company for twenty-eight years, twenty-one of those as a damages estimator, before being terminated on January 1, 2013. ECF No. 1, Complaint (“Compl.”) at ¶5. Defendant David…

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