Paul Allman v. Geico General Insurance Company

I. Introduction

Plaintiff Paul Allman (“Plaintiff”) filed this motion against Defendant GEICO General Insurance Company (“GEICO”) on Dec. 10, 2019. For the reasons articulated below, the Court concludes that while GEICO did not have an objectively reasonable basis for removal, the settlement agreement signed by GEICO and Plaintiff released any claim to attorney’s fees and costs sought by Plaintiff. Plaintiff’s motion for attorney’s fees and costs is DENIED.

II. Procedural and Factual Background

Plaintiff originally filed this action in California state court on October 21, 2019. Dkt. 1-1. Plaintiff utilized a state court form complaint that alleged causes of action against defendants GEICO General Insurance Company, Anita Lord, Brian Daly, and Robert Snodgrass. Id. at 1. Plaintiff’s complaint included causes of action for “Motor Vehicle”, “General Negligence”, “Intentional Tort”, and “Contract.” Id. at 3. Plaintiff alleged that he was a California resident based in Apple Valley, California. Id. The complaint then included factual details regarding Plaintiff’s various claims against GEICO, both for breach of contract and negligence. Id. at 4-6. Plaintiff’s factual allegations…