De Laveaga Service Center, Inc. v. Nationwide Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 DE LAVEAGA SERVICE CENTER, INC., Case No. 21-cv-03389-BLF

Plaintiff,

ORDER DENYING IN PART AS MOOT

v. AND GRANTING IN PART MOTION

TO DISMISS WITH LEAVE TO

NATIONWIDE INSURANCE COMPANY, AMEND; DENYING MOTION TO et al., STRIKE AS MOOT 11 Defendants. [Re: ECF No. 21] 12 Before the Court is a combined motion to dismiss and motion to strike brought by Defendants Nationwide Insurance Company and AAMCO Insurance Company. ECF No. 21 (“Mot.”); see also ECF No. 29 (“Reply”). In their motion to strike, Defendants argue that the Court should strike Plaintiff De Laveaga Service Center, Inc.’s First Amended Complaint because it seeks to destroy diversity jurisdiction. In their motion to dismiss, Defendants argue that the Court should dismiss Plaintiff’s claim for intentional infliction of emotional distress, the claim for breach of the implied covenant of good faith and fair dealing as to…