Moss

Moss v. Infinity Insurance Co.

Good Law

197 F. Supp. 3d 1191·2016 WL 3753109·2016 U.S. Dist. LEXIS 91757

United States District Court, Northern District of CaliforniaJuly 14, 2016Case No. 15-cv-03456-JSCCalifornia5,129 words

Opinion

Lead Opinion

Corley, J.

ORDER RE: DEFENDANTS LITHIA’S AND INFINITY’S MOTIONS TO DISMISS

This matter involves insurance claims arising from an automobile collision. Plaintiff Arryanne Moss (“Plaintiff’) brings this action against Defendants Infinity Insurance Company (“Infinity”), Automobile Warranty Services Insurance Company (“AWS”), Lithia Chrysler, Jeep, Dodge of Santa Rosa (“Lithia”), and Charlotte Toth (“Toth”). (Dkt. No. 1.) Now pending before the Court are Lithia’s and Infinity’s motions to dismiss Plaintiffs Third Amended Complaint (“TAC”). (Dkt. Nos. 15, 31, 40.) Having considered the parties’ written submissions, and having had the benefit of oral argument on July 7, 2016, the Court dismisses Plaintiffs seventh cause of action with prejudice, and dismisses Plaintiffs eleventh and twelfth causes of action with leave to amend. Additionally, the Court GRANTS Infinity’s motion and dismisses Plaintiffs first, fifth, and eighth causes of action with prejudice, and dismisses Plaintiffs eleventh and twelfth causes of action with leave to amend.

BACKGROUND

The factual background of this matter was addressed in the Court’s Orders dismissing the earlier complaints and allowing the TAC to proceed to…

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