Esquibel

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARK ESQUIBEL, et al., Case No. 21-cv-02510-WHO Plaintiffs,

ORDER ON MOTION TO DISMISS

v. 9 Re: Dkt. No. 64 KINDER MORGAN, INC., et al., Defendants. 11 On June 15, 2023, I dismissed with leave to amend plaintiff Mark Esquibel’s promissory fraud claim, which is based on allegedly false representations by defendant Kinder Morgan, his former employer, that Esquibel was covered by its uninsured/underinsured insurance when driving a vehicle during the course and scope of his employment. Dkt. No. 60 (June 2023 Order). I directed Esquibel to allege additional facts “to show the claim is not time-barred and additional facts regarding the initial representations and his discovering the truth.” Id. at 20. Esquibel filed his Third Amended Complaint (TAC) on July 5, 2023. Kinder Morgan again moves to dismiss the promissory fraud claim.2 In 2008, when Esquibel received a promotion, he specifically asked about insurance coverage. TAC ¶ 76. Two employees of defendant confirmed coverage. Id.…