Jardine

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JAMES JARDINE, Case No. 24-cv-01239-VC

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS THIRD CAUSE OF ACTION

SAFECO INSURANCE COMPANY OF Re: Dkt. No.

AMERICA,

Defendant.

The motion to dismiss the elder abuse claim is denied. This ruling assumes that the reader is familiar with the facts, the applicable legal standard, and the arguments made by the parties. 1. Jardine alleges that Safeco violated their insurance contract by incorrectly denying coverage and depriving him of his policy benefits. He also alleges that Safeco did so in bad faith—for instance, by denying his insurance claim without fully investigating it first. Had Safeco done its due diligence, Jardine alleges, Safeco would have been aware of its harmful breach. Taken together, these sorts of allegations can sustain a claim for financial elder abuse. See Paslay v. State Farm General Insurance Co., 248 Cal. App. 4th 639, 657–59 (2016). 2. Safeco argues that the allegations in the complaint are too vague. But Safeco does not seem to dispute that the allegations satisfy the general pleading requirements of…