Gomez

I. INTRODUCTION

18 Pending before the Court is Defendant Great-West Life & Annuity Insurance 19 Company’s (“Defendant” or “Great-West”) motion to dismiss Count II of Plaintiff Jennifer 20 Gomez’s (“Plaintiff” or “Dr. Gomez”) complaint. (ECF No. 6). The motion has been fully 21 briefed. (ECF Nos. 6, 8-9, 11). Having considered the parties’ submissions, the Court 22 DENIES Defendant’s motion to dismiss Count II of Plaintiff’s complaint.

II. PROCEDURAL BACKGROUND

24 Plaintiff filed a complaint against Defendant on July 22, 2021, alleging breach of 25 contract and breach of the implied covenant of good faith and fair dealing. (ECF No. 1). 26 On October 4, 2021, Defendant filed a motion to dismiss Count II of the complaint. (ECF 27 No. 6). Plaintiff responded in opposition, (ECF No. 8), to which Defendant replied. (ECF 28 No. 9). Plaintiff also filed an amended declaration in opposition to the Defendant’s motion. (ECF No. 11). III. FACTUAL BACKGROUND1 Defendant issued a group policy (the “Policy”) through the American Dental Association (“ADA”) to Plaintiff, and Plaintiff performed all of her obligations under the Policy. …