(PS) Jones v. Liberty Mutual

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DYLAN LLOYD JONES, No. 2:19-cv-02049-MCE-KJN (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS ON

DEFENDANTS’ MOTION TO DISMISS

v. AND PLAINTIFF’S MOTION FOR

LEAVE TO AMEND

LIBERTY MUTUAL, et al., (ECF Nos. 15, 16) Defendants. 16 This case concerns a dispute between Plaintiff and his insurer, Liberty Mutual, as well as two claims adjusters, Amber Cruz and Stephen Tognetti (collectively, “Defendants”). Plaintiff asserts Defendants failed to pay the full amount owed to him related to a 2014 claim for stolen property (ECF Nos. 7, 12, 13), and then improperly filed a temporary restraining order against him when he attempted to pursue reimbursement (ECF No. 16). Defendants have moved to dismiss the contract claims as time–barred, and assert Plaintiff’s claims concerning a temporary restraining order (“TRO”) are barred by California’s Anti–SLAPP laws.1 For the reasons that follow, the Court recommends Defendants’ motion…