Roger Bourban v. AXA Equitable Life Insurance Company
Opinion
Trial Court Opinion
I. BACKGROUND
Plaintiff commenced this action on March 13, 2020 in the Los Angeles County Superior Court. (Complaint (Docket No. 1, Ex. A)). The action was timely removed on April 10, 2020, pursuant to this Court’s diversity jurisdiction. (See Notice of Removal (“NoR”) at 1 (Docket No. 1)). The Complaint contains the following allegations: ______________________________________________________________________________
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 20-3376-MWF-PJW Date: June 15, 2020 Title: Roger Bourban v. AXA Equitable Life Insurance Company, et al. Plaintiff is and all relevant times was a citizen of California residing in Los Angeles County. (Complaint ¶ 1). In 1983, he purchased disability insurance from The Equitable, which has since been taken over by AXA. (Id. ¶ 6). In 1992, Plaintiff took a bad fall and suffered serious injuries to his spine. (Id. ¶ 8). His doctors diagnose him with a “total and permanent” disability. (Id.). Plaintiff submitted a claim to Defendant, and Plaintiff began receiving his monthly benefit from his disability insurance policy in 1994. (Id. ¶¶ 9, 10). Unbeknownst to…