Beckham

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KELLY BECKHAM, Case No. 20-cv-03484-JSC

Plaintiff,

ORDER RE: MOTION TO DISMISS

v. SECOND AMENDED COMPLAINT

EVANSTON INSURANCE COMPANY, Re: Dkt. No. 56 Defendant.

12 Defendant Evanston Insurance Company (“Evanston”) moves to dismiss Plaintiff’s prayer for emotional distress and punitive damages in her Second Amended Complaint (“SAC”). (Dkt. No. 56.) After carefully considering the parties’ written submissions, and having had the benefit of oral argument on July 22, 2021, the Court GRANTS Defendant’s motion to dismiss with leave to amend as to the punitive damages but with prejudice as to the demand for emotional distress damages. BACKGROUND A. Second Amended Complaint Allegations Ms. Beckham is a California resident and the daughter and heir of Alan Schneider; Mr. Schneider commenced this lawsuit on May 22, 2020 and died on July 15, 2020. Ms. Beckham is also the executor of Mr.…