Zaghi

Zaghi v. State Farm General Insurance

Good Law
77 F. Supp. 3d 974·2015 WL 139719·2015 U.S. Dist. LEXIS 2632
United States District Court, Northern District of CaliforniaJanuary 9, 2015Case No. C-14-04827-RMWCalifornia2,920 words

Opinion

Lead Opinion

Whyte, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

[Re: Docket No. 4]

Defendant State Farm General Insurance Company (“State Farm”) moves to dismiss the complaint. Dkt. No. 4. The court held a hearing on this motion on January 9, 2015. For the reasons explained below, the court GRANTS State Farm’s motion to dismiss.

I. Background

This case arises out of the parties’ dispute over insurance proceeds paid by State *976 Farm to its insureds, Karapet Gayanya and Karine Osmanyen (“the insureds”), following the destruction of their house by fire on January 4, 2014. Dkt. No. 1, Ex. 1, at ¶ 7. The insureds purchased the house by means of a hard money mortgage from plaintiff Farhad Zaghi, secured by a deed of trust on the property. Id. at ¶¶ 6, 9. The house was insured by State Farm under Policy of Insurance No. 71-CR-KR247-7 (“the policy”). Id. at ¶ 5. As of the date the fire occurred — January 4, 2014 — plaintiff was not listed on the policy, despite a requirement in the deed of trust held by plaintiff that the insureds name plaintiff as an - additional insured. Id. at ¶¶ 6, 8.

Plaintiff alleges that on January 13, 2014, following a conference call with plaintiff and the insureds, an agent…

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