Yearby

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOE S YEARBY, Case No. 20-cv-09222-EMC

Plaintiff,

ORDER DENYING DEFENDANT’S

v. MOTION TO TRANSFER, AND

GRANTING IN PART AND DENYING

AMERICAN NATIONAL INSURANCE IN PART DEFENDANT’S MOTION TO

COMPANY, DISMISS

11 Defendant. Docket Nos. 39, 43 12 13 Pending before the Court are Defendant American National Insurance Company’s (ANICO’s) motion to transfer this case to the Southern District of Texas pursuant to 28 U.S.C. § 1404(a), or to dismiss this action pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6). See Docket Nos. 39 (“Dismiss Mot.”); 43 (“Transfer Mot.”). For the following reasons, the Court DENIES the motion to transfer. The Court also DENIES in part and GRANTS in part the motion to dismiss with leave to amend. I. BACKGROUND A. Factual Allegations in the Complaint Plaintiff Joe S. Yearby’s first amended complaint (FAC) alleges as…