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 GRANTING MOTION TO

v. DISMISS WITHOUT LEAVE TO

AMEND

NATIONWIDE INSURANCE COMPANY, et al., [Re: ECF No. 57] 11 Defendants. 12 Now before the Court is a motion to dismiss, brought by Defendants Nationwide Insurance Company and AMCO Insurance Company, aimed at two of the three claims asserted in the operative Second Amended Complaint. See ECF Nos. 57, 59. Plaintiff opposes the motion. See ECF No. 58. The Court held a hearing on the motion on June 30, 2022. For the reasons explained below, the motion to dismiss is GRANTED WITHOUT LEAVE TO AMEND. I. BACKGROUND The background of this case was set out in the Court’s order denying Plaintiff’s motion to remand. See De Laveaga Serv. Ctr. v. Nationwide Ins. Co., 2021 WL 4400215 (N.D. Cal. Sep. 27, 2021) (“MTR Order”). Since that order, in response to a…