Cook

Cook v. State Farm General Insurance Company

Good Law
United States District Court, Northern District of CaliforniaJanuary 26, 20223:21-cv-02458California982 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 JASON COOK, et al., Case No. 21-cv-02458-MMC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT'S

MOTION TO DISMISS; VACATING

STATE FARM GENERAL INSURANCE HEARING

COMPANY,

11 Defendant.

12 Before the Court is defendant State Farm General Insurance Company's ("State Farm") Motion, filed December 3, 2021, "to Dismiss or Strike Portions of Plaintiffs' First Amended Complaint." Plaintiffs Jason Cook and Elfe Kuesters have filed opposition, to which State Farm has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court deems the matter appropriate for determination on the parties' respective written submissions, VACATES the hearing scheduled for January 28, 2022, and rules as follows: 1. Contrary to State Farm's argument, plaintiffs have sufficiently alleged their refrigerators sustained a "direct physical loss" within the meaning…

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