Legal Opinion

Foster v. Liberty Mut. Fire Ins. Co.

District Court, E.D. California

Decided August 6, 2018No. 2:18-CV-00485-KJM-CKDPublished

1Opinion of the Court

Kimberly J. Mueller, UNITED STATES DISTRICT JUDGE

Plaintiffs Daniel and Victoria Foster sue Liberty Mutual Fire Insurance Company under state law for unlawful claim-handling practices, breach of contract and breach of the implied covenant of good faith and fair dealing. Compl., ECF No. 1. Defendant moves to dismiss all claims as time-barred. Mot., ECF No. 7; Def.'s Mem., ECF No. 7-1. Plaintiffs oppose. Opp'n, ECF No. 9. Defendant replied. Reply, ECF No. 11. The court heard the motion on May 31, 2018. See H'rg Mins., ECF No. 16. As explained below, defendant's motion is DENIED.

I. BACKGROUND

For…

2Cases cited13 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Erickson v. PardusSupreme Court of the United States · 2007
  3. Shawna Hartmann v. California Department of Corr.Court of Appeals for the Ninth Circuit · 2013
  4. Menominee Indian Tribe of Wis. v. United StatesSupreme Court of the United States · 2016
  5. Robert R. Cervantes v. City of San Diego San Diego Police Department Dennis Sesma Officer Carlos Garcia Les Wardwell Officer Eugene BojorquezCourt of Appeals for the Ninth Circuit · 1993

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