Nead
Nead v. State Farm Mutual Automobile Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TINA NEAD, et al., Case No. 23-cv-04156-JSC
Plaintiffs,
ORDER RE DEFENDANT’S MOTION
v. TO DISMISS AND PLAINTIFFS’
MOTION TO REMAND
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al., Re: Dkt. Nos. 5, 12 11 Defendants.
12 Plaintiffs sue State Farm for breach of an insurance contract. (Dkt. No. 1.) Pending before the Court is State Farm’s motion to dismiss and Plaintiffs’ motion for remand. (Dkt. Nos. 5, 12.) Having carefully considered the briefing, the Court concludes oral argument is not required, see N.D. Cal. Civ. L.R. 7-1(b), VACATES the October 26, 2023 hearing, GRANTS Plaintiffs’ motion to remand, and DENIES State Farm’s motion to drop and dismiss as moot. While Plaintiffs do not allege a claim for negligent misrepresentation against the non-diverse adjuster defendants, Defendants have not met their heavy burden of showing there is no possibility they could do so if granted leave to amend. …