Miholich

Miholich v. Senior Life Insurance Company

Good Law
United States District Court, Southern District of CaliforniaMay 12, 20223:21-cv-01123California5,256 words

Opinion

Trial Court Opinion

I. BACKGROUND

23 On June 16, 2021, Plaintiff Kyle Miholich filed a Class Action Complaint against 24 Defendant Senior Life Insurance Company, arising from Defendant’s alleged violations of 25 the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. § 227, et seq. (ECF 26 No. 1). On September 7, 2021, Plaintiff filed a First Amended Class Action Complaint 27 (“FAC”). (ECF No. 8). 28 On September 21, 2021, Defendant filed a Motion to Dismiss and/or Strike the FAC (the “Motion to Dismiss”) pursuant to Rules 12(b)(1), 12(b)(6), 12(f), and 23 of the Federal Rules of Civil Procedure. (ECF No. 9). On February 10, 2022, the Court issued an Order denying the Motion to Dismiss. (ECF No. 17). On February 24, 2022, Defendant filed an Answer to the FAC, including twenty- three affirmative defenses to Plaintiff’s claims. (ECF No. 18). On March 10, 2022, Defendant filed the Motion for Reconsideration, requesting reconsideration of the February 10, 2022 Order denying the Motion to Dismiss, or, in the alternative, requesting certification for interlocutory appeal. (ECF No. 20). On March 14, 2022, Plaintiff filed the Motion to Strike…

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