Martin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRENDA MARTIN, et al., Case No. 19-cv-03254-HSG

Plaintiffs, ORDER DENYING MOTION TO

DISMISS

v. Re: Dkt. No. 39 DPR CONTRUCTION, et al., Defendants.

12 Pending before the Court is Defendant DPR Construction’s motion to dismiss Plaintiffs’ third cause of action for breach of contract. See Dkt. No. 39. The Court held a hearing on the motion on December 12, 2019, and denied the motion on the record. See Dkt. No. 53. For the reasons discussed during the hearing and as further detailed below, the Court DENIES the motion to dismiss the third cause of action. I. BACKGROUND Plaintiffs Brenda Martin and the Estate of Bernard Martin filed this ERISA action on June 10, 2019, seeking life insurance and terminal illness benefits allegedly due to Mrs. Martin as Mr. Martin’s widow and sole beneficiary. See Dkt. No. 1. Mr. Martin was a construction superintendent for Defendant DPR Construction and filed claims for short- and long-term …