Progressive West Insurance Company v. Dallo et al
| Progressive West Insurance Company |
| Jonathan Dallo, Michael Dallo, Mona Dallo, Dallo & Co Inc and Does |
| 3:2007cv01003 |
| June 1, 2007 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Irma E. Gonzalez |
| Barbara Lynn Major |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
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|---|
Filing
72
ORDER granting in part and denying in part Plaintiff's 56 Motion to Partially Dismiss Counterclaim by Jonathan Dallo; Granting in part and denying in part Plaintiff's 57 Motion to Partially Dismiss Second Amended Counterclaim by Michael Dallo, Mona Dallo and Dallo & Co, Inc.. Portion of Jonathan's breach of contract claim in subparagraphs 93(a) and (c) of his Counterclaim is dismissed w/o leave to amend. Portion of Dallo & Co. and Parents' breach of contract cause of acti on in subparagraphs 125 (a)-(c) and (e)-(h), the bad faith cause of action except subparagraph 132(d), the intentional infliction of emotional distress cause of action, and the Calif Business & Professions Code section 17200 cause of action of the Se cond Amended Counterclaim are dismissed w/o leave to amend. Progressive's motion to dismiss the Counterclaimants' 1.) breach of contract claims based on failure to investigate and breach of the potentially reformed contract and 2.) the Dallo & Co. and Parents bad faith claim based upon failure to investigate are denied. Signed by Judge Irma E. Gonzalez on 9/10/2008. (jah)
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