McClendon
Lincoln National Life Insurance Co. v. McClendon
Opinion
Lead Opinion
Ronaldlew, J.
ORDER re: Plaintiffs Motion for Partial Summary Judgment or in the Alternative Summary Adjudication [36]
Currently before the Court is Plaintiff The Lincoln National Life Insurance Company’s (“Plaintiff’) Motion for Partial Summary Judgment, or in the Alternative, Summary Adjudication (“Motion”) as to its claim for Money Had and Received against Defendant Pamela McClendon (“Defendant”) [36]. Having reviewed all papers submitted pertaining to this Motion, the Court NOW FINDS AND RULES AS FOLLOWS: The Court GRANTS Plaintiffs Motion [36],
I. BACKGROUND
A. Factual Background
Plaintiff is an Indiana corporation authorized to do business in California. Compl. ¶ 1, ECF No. 1. Defendant is the daughter of Netha McClendon, the recipient of an annuity (“the Annuitant”). Id. at ¶ 5.
On August 13,1992, Alexander Hamilton Life Insurance Company of America issued a Single Life Immediate Annuity, No. 4000073334 (“the Annuity”) to the Annuitant. Ii; Compl. Ex. 1, ECF No. 1-1. In October 1995, Jefferson Pilot Life Insur- *1183 anee Company (“Jefferson”) acquired the Annuity. Id. at ¶ 6. In April 2007, after merging with Jefferson, Plaintiff acquired ownership of the Annuity and its…