Wheeler

BACKGROUND

5 This is an insurance dispute between Mr. Wheeler and American Family Home Insurance 6 Company (“AFH”). On January 17, 2020, Mr. Wheeler filed his original complaint in Contra 7 Costa County Superior Court, asserting claims for breach of contract and breach of the implied 8 covenant of good faith and fair dealing. The case was removed to this Court and, after an attempt 9 at resolving the matter failed, on November 3, 2020, Mr. Wheeler filed his First Amended 10 Complaint (“FAC”), by consent. In the FAC, Mr. Wheeler added claims for fraud and negligent 11 misrepresentation, and he added a defendant, Mark McQuitty. Mr. McQuitty is one of AFH’s 12 employees and is alleged to have made representations forming the basis of Mr. Wheeler’s fraud 13 claims. 14 On December 11, 2020, the Court granted the parties’ stipulation to file a Second 15 Amended Complaint (“SAC”), in which Mr. Wheeler removed Mr. McQuitty as a defendant. Mr. 16 Wheeler now seeks leave to amend only to add factual allegations supporting the claims. 17 In the discovery disputes, AFH seeks to re-open Mr. Wheeler’s deposition in order to 18 query him on the new allegations. They also ask the Court to…