Reynolds
Reynolds v. Shure
Opinion
Lead Opinion
Shubb, J.
MEMORANDUM AND ORDER RE: MOTION TO DISMISS
Plaintiff Kenneth, R. Reynolds filed this action in state court against defendants Jennifer Shure, Benjamin Shure, State Farm Mutual Automobile Insurance Company (“State Farm”), and Brandon Doe arising from a dispute-over coverage under defendants Jennifer and Benjamin Shure’s insurance policy. Defendants removed the action to this court pursuant to 28 U.S.C. § 1441 (b). Defendant State Farm now moves to dismiss plaintiffs claims for intentional infliction, of .emotional distress, trespass and conversion, punitive damages, and negligence for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). (Docket No. 7.)
I. Factual and Procedural History
On July 28, 2015, plaintiffs daughter, Madelaine Reynolds, was driving plaintiffs vehicle and was in an automobile accident with defendants Jennifer and Benjamin Shure. (Compl. ¶¶ 10, 25 (Docket No. 1-1).) The Shares attempted to move into the left lane on Interstate 5 around Los Ange-les, California, crashing into and causing significant damage to plaintiffs vehicle, a 2005 Infiniti FX85. (Id. ¶¶ 23-24.) The Shures and their vehicle are…