Murphy v. American General Life Insurance

Proceedings: (IN CHAMBERS) ORDER RE DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT (DKT. 57)

Andrea Keifer Deputy Clerk

*1274 I. Introduction

Timothy E. Murphy (“Plaintiff’) brought this action against American General Life Insurance Company (“AGL”) and DOES 1-100 in the Riverside Superior Court on February 25, 2014. Complaint (“Compl.”), Dkt. 1, Ex. 1 at 8. Plaintiff, who is self-represented and an attorney, claims to be a beneficiary of a $5,000,000 life insurance policy (“Policy”) purchased by his parents from AGL. Id. The Complaint alleges a breach of contract based on the failure of AGL to pay benefits to Plaintiff after the death of his parents. Id. In response, AGL claimed that, because Plaintiff was never a beneficiary of the Policy, no benefits were owed or payable to him. E.g., Answer, Dkt. 1, Ex. 1 at 14; Dkt. 14-1, Ex. A-G. AGL removed the action based on diversity jurisdiction. Dkt. 1.

Plaintiff moved to remand the action on the ground that the amount in controversy requirement was not satisfied. Dkt. 11. While the motion to remand was pending, Plaintiff filed a First Amended Complaint (“FAC”) without first seeking leave as required under…