Phan
Phan v. Transamerica Premier Life Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 DUNG PHAN, Case No. 20-cv-03665-BLF
Plaintiff,
ORDER RE: MOTION FOR LEAVE TO
v. FILE SUPPLEMENTAL PLEADING
TRANSAMERICA PREMIER LIFE [Re: ECF No. 85]
INSURANCE COMPANY,
11 Defendant. 12 Before the Court is Defendant Transamerica Life Insurance Company’s (“TLIC’s”) Motion for Leave to File a Supplemental Pleading that asserts two counterclaims against Plaintiff Dung Phan. ECF No. 85 (“Mot.”). Phan opposes the motion. ECF No. 87 (“Opp.”). The Court finds the motion suitable for disposition without oral argument and VACATES the hearing set for January 11, 2024. See Civ. L.R. 7-1(b). For the following reasons, the Court GRANTS TLIC’s Motion. I. BACKGROUND Phan acquired a life insurance policy in 1998 that, after a series of mergers, is now administered by TLIC. ECF No. 77 (“Amended Complaint”) ¶ 29. In May of 2018, Phan missed a premium payment. On May 22, 2018,…