Trinh v. Metropolitan Life Insurance

ORDER DENYING WITHOUT PREJUDICE DEFENDANT MET LIFE’S MOTION FOR SUMMARY JUDGMENT

INFANTE, United States Magistrate Judge. *

I. Introduction and Background

Plaintiffs Kathleen Q. Trinh and Duane Xuan Trinh (“plaintiffs”), who are brother and sister, filed this breach of contract action in state court as third-party beneficiaries of their mother’s life insurance policy with defendant Metropolitan Life Insurance Company (“Met Life”). Met Life noticed removal of the action to federal court in San Jose and now moves for summary judgment contending that the insurance policy was void due to material…