Diaz

Diaz v. Allstate Insurance Group

Good Law

1998 WL 781087·185 F.R.D. 581·1998 U.S. Dist. LEXIS 18013

United States District Court, Central District of CaliforniaOctober 14, 1998No. CV 96-8292 CMCalifornia6,750 words

Opinion

lead Opinion

Moreno, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR REMAND; AND DENYING DEFENDANTS’ MOTION TO DISMISS MISJOINED DEFENDANTS.

I. INTRODUCTION AND RELEVANT FACTUAL BACKGROUND

This is an action for compensatory, emotional distress and punitive damages based on theories of breach of contract, breach of the implied covenant of good faith and fair dealing, unfair business practices, and unlawful discrimination arising out of plaintiffs’ earthquake insurance claim under their Al-state homeowner’s policy for damages incurred at their residence. Plaintiffs’ home is a 3,430 square foot, five-bedroom single family tract home built in 1977 in the Porter Ranch area which had an appraised pre-earthquake fair market value of $365,000.

Plaintiffs allege that defendants Allstate Insurance Group, Allstate Insurance Company and Allstate Personal Property & Casualty Company, among other Allstate entities (“Allstate”), wrongfully denied plaintiffs their full insurance benefits after they suffered property damages arising out of an earthquake in January, 1994 in Northridge. Plaintiffs also seek specific performance of an express promise by Alstate defendants to settle the insurance claim by exercising their…

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Parties

Bilgai DIAZ and Lidia Diaz
Plaintiff
ALLSTATE INSURANCE GROUP, an Illinois corporation Allstate Insurance Company, an Illinois corporation Shadowbrook Engineering, Inc., a California corporation Western States Geotechnical Engineering Corporation, a California corporation Hakimian Engineering, a California corporation, and Does 1 through 100, inclusive
Defendant

Judges

Moreno

Cites (33)

811 F.2d 1336
5 F. Supp. 2d 804
83 F.R.D. 455
710 F.2d 549
913 F.2d 108
Id.
558 F.2d 914
202 Cal. 675
102 Cal. Rptr. 815
17 F. Supp. 2d 1134
49 Cal. 3d 39
751 F.2d 1507
767 F. Supp. 1037
748 F.2d 1358
37 Cal. 2d 356
63 Cal. App. 3d 694
155 Cal. App. 3d 1
816 F.2d 436
19 F.3d 1309
853 F.2d 762
75 Cal. App. 266
83 Cal. App. 3d 38
69 Cal. Rptr. 2d 623
2 Cal. 4th 377
41 Cal. Rptr. 2d 46
45 Cal. App. 4th 1093
965 F. Supp. 1398
10 Cal. 4th 257
46 Cal. 3d 287
159 Cal. App. 3d 509
985 F.2d 1031
76 Cal. App. 2d 50
636 F. Supp. 1326