Estate of Roland Glen Hoefer v. ATC Realty Fifteen, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ESTATE OF ROLAND GLEN HOEFER, Case No. 20-cv-06698-JSC
Plaintiff,
ORDER RE: MOTION TO DISMISS
v. 9 Re: Dkt. No. 48 ATC REALTY FIFTEEN, INC., Defendant.
12 Plaintiff in the above-captioned case seeks to recover death benefits from a life insurance policy, and brings claims for the recovery of insurance proceeds due to the lack of an insurable interest and unjust enrichment against Defendant. Now before the Court is Defendant’s motion to dismiss Plaintiff’s claims pursuant to Federal Rule of Civil Procedure 12(b)(6). After careful consideration of the parties’ briefing, and having had the benefit of oral argument on January 11, 2021, the Court GRANTS in part and DENIES in part Defendant’s motion. BACKGROUND I. Complaint Allegations The Estate of Roland Glen Hoefer (the “Estate”) was established in the state of Washington following Mr. Hoefer’s death on March 31, 2017. Mr. Hoefer was at all relevant times a Washington citizen. The…