Nieves
Nieves v. United of Omaha Life Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARILYN NIEVES, individually, and on Case No.: 3:21-cv-01415-H-KSC behalf of a class,
ORDER DENYING DEFENDANT’S
Plaintiffs, MOTION TO DISMISS AND v. DENYING PLAINTIFF’S MOTION
TO STRIKE
UNITED OF OMAHA LIFE
15 INSURANCE CO., Nebraska corporation; [Doc. Nos. 23, 27-1.] and DOES 1 thru 10, inclusive,
Defendants. 18 On July 6, 2021, Plaintiff Marilyn Nieves (“Plaintiff”) filed her Complaint alleging 19 claims for declaratory relief, breach of contract, bad faith, and unfair competition against 20 Defendant United of Omaha Life Insurance Company (“Defendant” or “United”) and 21 unnamed Does 1 through 10 in the Superior Court of California, San Diego County, on 22 behalf of herself and a putative class of similarly situated individuals. (Doc. No. 1-2.) 23 Defendant removed the action to this Court on August 6, 2021 pursuant to the Class Action 24 Fairness Act, 28 U.S.C. §§ 1332, 1441, and 1453 and federal diversity jurisdiction. (Doc. 25 No.…