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Rui Chen v. Premier Financial Alliance, Inc., 18-CV-3771 YGR. (2019)

Court: District Court, N.D. California Number: infdco20190509a57 Visitors: 1
Filed: May 08, 2019
Latest Update: May 08, 2019
Summary: ORDER GRANTING MOTION TO DISMISS; STAYING CASE PENDING OUTCOME OF MOTIONS IN RELATED ACTION Dkt. No. 70 YVONNE GONZALEZ ROGERS , District Judge . Currently pending before the Court is the motion of defendants Life Insurance Company of the Southwest, National Life Insurance Company, NLV Financial Corporation, and National Life Holding Company to dismiss. (Dkt. No. 70.) For the reasons stated on the record at the case management conference of May 6, 2019, the Court ORDERS as follows: (1)
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ORDER GRANTING MOTION TO DISMISS; STAYING CASE PENDING OUTCOME OF MOTIONS IN RELATED ACTION

Dkt. No. 70

Currently pending before the Court is the motion of defendants Life Insurance Company of the Southwest, National Life Insurance Company, NLV Financial Corporation, and National Life Holding Company to dismiss. (Dkt. No. 70.) For the reasons stated on the record at the case management conference of May 6, 2019, the Court ORDERS as follows:

(1) the motion to dismiss for lack of personal jurisdiction over National Life Insurance Company, National Life Holding Company, and NLV Financial Corporation is GRANTED WITH LEAVE TO AMEND.

(2) the motion to dismiss defendant Life Insurance Company of the Southwest ("LSW") for failure to state a claim under Rule 12(b)(6) is GRANTED WITH LEAVE TO AMEND as to Claims 1-4 and 6-9. LSW was not named as a defendant to the federal securities fraud claim (Claim 5), so the motion to dismiss that claim is DENIED. The collective reference to "Defendants" or "Insurance Defendants" does not put LSW on fair notice of the basis for the claims against it for purposes of Rule 8, nor does it state with particularity the circumstances constituting fraud for the fraud-based claims.

This action is STAYED pending determination of the forthcoming motions to compel arbitration and to transfer in the related Wang v. Life Insurance of the Southwest et al. action, 19-cv-1150. Plaintiffs shall file their amended complaint, consolidated with the Wang complaint, by August 2, 2019.

IT IS SO ORDERED.

Source:  Leagle

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