Davis
Davis v. RiverSource Life Insurance Co.
Opinion
Lead Opinion
White, J.
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS FIRST AMENDED COMPLAINT
Now pending before the Court is Defendants RiverSource Life Insurance Company (“RiverSource”) and Ameriprise Financial Services, Inc.’s (“Ameriprise”) motion to dismiss Plaintiff Paul M. Davis’s First Amended Complaint (“FAC”). Having carefully reviewed all parties’ papers and considered the arguments and the relevant legal authority, and good cause appearing, the Court finds that all pending motions are appropriate for decision without oral argument. See N.D. Cal. Civil L.R. 7-l(b). The Court hereby rules as follows.
BACKGROUND
Plaintiff Paul M. Davis alleges that he is an individual resident of the County of San Mateo, California, who was over the age of 65 at all times relevant to this action. (FAC ¶ 10.) Davis “was and still is” the sole trustee, settlor, grantor, and direct, non-contingent beneficiary of the Paul M. Davis Revocable Trust of 2011 (“Trust”). (Id. ¶ 11.)
Plaintiff alleges that “[d]uring December 2013 through February 2014,” he was solicited by Defendants’ licensed agent to purchase deferred annuity contracts. (Id. ¶27.) He purchased six deferred annuity policies from…