Nieves
Nieves v. United of Omaha Life Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
11 MARILYN NIEVES, individually, and on Case No.: 21-cv-01415-H-KSC behalf of the class,
ORDER DENYING PLAINTIFF’S
Plaintiff,
MOTION FOR CLASS
v. CERTIFICATION
UNITED OF OMAHA LIFE [Doc. No. 58.] INSURANCE COMPANY, a Nebraska 16 Corporation, and DOES 1 through 10, inclusive, Defendants. 19 On July 6, 2021, Plaintiff filed a class action suit in San Diego Superior Court. (Doc. No. 1, Ex. A, State Court Complaint.) One month later, United removed the case to this Court. (Doc. No. 1.) On October 18, 2021, Plaintiff filed an amended complaint on behalf of herself and a purported class of similarly situated individuals, asserting claims for declaratory relief, breach of contract, bad faith, and unfair competition. (Doc. No. 22, First Amended Complaint (“FAC”).) On January 13, 2023, Plaintiff Marilyn Nieves (“Plaintiff”) filed a motion for class certification (the “Motion”). (Doc. No. 58.) On March 7, 2023, Defendant United of 28 …