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Raisin Bargaining Association v. Hartford Casualty Insurance Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION


June 2, 2010

THE RAISIN BARGAINING ASSOCIATION, A NONPROFIT CALIFORNIA COOPERATIVE ASSOCIATION; GLEN S. GOTO, AN INDIVIDUAL; MONTE SCHUTZ, AN INDIVIDUAL, PLAINTIFFS,
v.
HARTFORD CASUALTY INSURANCE COMPANY; AND DOES 1-30, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER ON DEFENDANT HARTFORD CASUALTY INSURANCE'S MOTION TO DISMISS (FRCP 12(b)(6))

Defendant Hartford Casualty Insurance Company's Motion to Dismiss the Complaint (FRCP 12(b)(6)) came on regularly for hearing in the above-entitled Court before the Honorable Oliver W. Wanger on May 17, 2010. Plaintiffs The Raisin Bargaining Association, Glen S. Goto, and Monte Schutz were represented by Wiley R. Driskill of the Law Firm of Campagne & Campagne. Defendant Hartford Casualty Insurance Company was represented by Ann Johnson of Berger Kahn.

The Court, having considered the pleadings, evidence, documents, papers and memoranda of points and authorities submitted by the parties, the matter having been argued and submitted, and good cause appearing therefore,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Defendant Hartford Casualty Insurance Company's Motion to Dismiss is GRANTED in part and DENIED in part as follows:

1. Plaintiffs' breach of contract claim and claim for declaratory relief are dismissed, without prejudice;

2. Plaintiffs' claim for breach of the implied covenant of good faith and fair dealing is dismissed, with prejudice;

3. Plaintiffs' claim for tortuous breach of the implied covenant of good faith and faith dealing is dismissed, without prejudice;

4. Plaintiffs' claim for the waiver/estoppel dismissed, with prejudice;

5. Plaintiffs' quasi-contract claim is dismissed, without prejudice

6. Plaintiffs' quantum meruit claim is dismissed, without prejudice

7. Plaintiffs' claim for negligence is dismissed, with prejudice;

8. Plaintiffs' statutory claims are dismissed, with prejudice;

9. Plaintiffs' claim for breach of oral contract is dismissed without prejudice;

10. Plaintiffs' claim for reformation is dismissed, with prejudice; and

11. Plaintiffs shall file an Amended Complaint within fifteen (15) days of the filing of this order. Defendant shall file a response to the Amended Complaint within fifteen (15) days of receipt of the Amended Complaint.

IT IS SO ORDERED.

20100602

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