Kerr

Kerr v. USAA Casualty Insurance Company

Good Law
United States District Court, Eastern District of CaliforniaSeptember 28, 20212:20-cv-00687California2,375 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BERNARD KERR, No. 2:20-cv-00687-TLN-DB Plaintiff, v. ORDER USAA CASUALTY INSURANCE COMPANY; and DOES 1 to 25, inclusive, 15 Defendants.

17 This matter is before the Court on Defendant USAA Casualty Insurance Company’s (“Defendant”) Motion to Change Venue and Motion to Dismiss. (ECF Nos. 5, 4.) Plaintiff Bernard Kerr (“Plaintiff”) opposes Defendant’s motions. (ECF Nos. 6, 7.) Defendant filed replies. (ECF Nos. 9, 10.) For the reasons set forth below, the Court hereby GRANTS Defendant’s Motion to Change Venue (ECF No. 5-1) and DENIES Defendant’s Motion to Dismiss (ECF No. 4) as moot. /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND In 2010, while living in San Francisco, Plaintiff purchased an automobile insurance policy through Defendant. (ECF No. 1-1 at 32; ECF No. 5-1 at 1.) Plaintiff’s policy agreed to pay up to $100,000 for any one person injured or killed, or up to $300,000 for death or…

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