Pandkhou

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PARNIA PANDKHOU, Case No. 21-cv-00700-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v. 9 Re: Dkt. No. 35 THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, et al., 11 Defendants.

12 The question posed in this insurance coverage dispute is whether the insured, Bahram Ahanin, is legally dead. Plaintiff Parnia Pandkhou, his wife and the beneficiary of his life insurance policies, says that he is. Defendants Prudential Insurance Company and Pruco Life Insurance Company say that he is not, and have declined to pay the policy benefits of approximately $7,500,000. Pandkhou has sued under California state law for breach of contract and breach of the implied covenant of good faith and fair dealing. Dkt. No. 1. Defendants ask to dismiss the complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Dkt. No. 35; see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 554, 570 (2007). Defendants contend that a prior proceeding in the…