King

King v. National General Insurance

Good Law
129 F. Supp. 3d 925·2015 WL 5440826·2015 U.S. Dist. LEXIS 123140
United States District Court, Northern District of CaliforniaSeptember 15, 2015Case No. 15-cv-00313-DMRCalifornia9,664 words

Opinion

Lead Opinion

Ryu, J.

ORDER ON MOTION TO DISMISS, MOTION TO STRIKE, AND MOTION TO FILE SURREPLY

Plaintiffs 1 are qualified “Good Drivers” 2 who purchased car insurance from the Defendant insurance companies. Plaintiffs now bring a putative class action alleging that Defendants failed to offer Plaintiffs and the putative class members their lowest Good Driver rates, as required by California law. Before the court are Defendants’ motion to dismiss (“MTD”) pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), and motion to strike (“MTS”) pursuant to Federal Rule of Civil Procedure 12(f). [Docket Nos. 40, 39, respectively.] Plaintiffs have also filed a motion for leave to file a surreply to the MTD. [Docket No. 53.] The court held a hearing on the motions on September 10, *929 2015. For the reasons stated below and at the hearing, the -motion to dismiss is granted in part and denied in part, and the motion to strike is denied without prejudice.

I. BACKGROUND

A. Good Driver Discount Rate

Plaintiffs all held insurance policies issued by one or more of the Defendants. Plaintiffs allege that they and all members of the putative class are “Good Drivers” as defined by California statute.…

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