Elena
Elena v. Reliance Standard Life Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JIZHELL I. ELENA, an individual, Case No.: 21-cv-0390-GPC-MDD
Plaintiff,
ORDER DENYING DEFENDANTS’
v. MOTION TO DISMISS
RELIANCE STANDARD LIFE [ECF No. 8] INSURANCE COMPANY, an Illinois 15 corporation; MATRIX ABSENCE MANAGEMENT, INC., a Delaware corporation; and DOES 1 through 50, 17 inclusive, 18 Defendants.
Before the Court is a Motion to Dismiss (“MTD”) filed by Defendants. ECF No. 8. The MTD primarily argues that Plaintiff’s allegation of intentional infliction of emotional distress (“IIED”) is preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq., commonly referred to as “ERISA.” The MTD also argues that if not preempted by ERISA, the IIED claim is time-barred by the statute of limitations. Upon considering the moving papers and the case record, the Court DENIES the MTD. 27 BACKGROUND The First Amended Complaint (“FAC”) alleges that Plaintiff Jizhell I.…