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James Jardine, An Individual v. Maryland Casualty Company

September 13, 2011

JAMES JARDINE, AN INDIVIDUAL,
PLAINTIFF,
v.
MARYLAND CASUALTY COMPANY, A CORPORATION, AND DOES 1 THOROUGH 50, DEFENDANTS. JAMES JARDINE, AN INDIVIDUAL, AND
PLAINTIFF,
v.
EMPLOYERS FIRE INSURANCE VIOLATION OF UNFAIR COMPANY, A CORPORATION, AND DOES 1 INSURANCE PRACTICES ACT; 21 THOROUGH 50, DEFENDANTS.



The opinion of the court was delivered by: Honorable Samuel Conti United States District Judge

Brandt L. Wolkin, Esq., SBN 112220 Dawn A. Silberstein, Esq., SBN 167936 2 Wolkin Curran, LLP 555 Montgomery Street, Suite 1100 San Francisco, California 94111 Telephone: (415) 982-9390 Facsimile: (415) 982-4328 5 Attorneys for Defendant EMPLOYERS FIRE INSURANCE COMPANY

Case No. 3:10-cv-03335 SC; Case No. 3:10-cv-03336 SC

STIPULATION WITHDRAWING PLAINTIFF'S THIRD CAUSEOF ACTION FOR STATUTORY [Proposed] ORDER APPROVING STIPULATION

IT IS HEREBY STIPULATED by and between plaintiff, JAMES JARDINE ("Jardine"), and defendant EMPLOYERS FIRE INSURANCE COMPANY ("Employers"), 27 by and through their attorneys of record that, under the holding of the California Supreme 28 Court in Moradi-Shalal v. Fireman's Fund, 46 Cal.3d 287 (1988), no private right of action exists under the Unfair Insurance Practices Act. In accordance with Federal Rules of Civil 2

Procedure 11 and 12, plaintiff Jardine agrees to withdraw his third cause of action for 3 violation of Unfair Insurance Practices Act alleged in both Case No. 3:10-cv-03335 SC; and 4 the consolidated action, Case No. 3:10-cv-03336 SC.. 5

IT IS SO STIPULATED.

[PROPOSED] ORDER

PURSUANT TO THE PARTIES' STIPULATION, the Court finds good cause to grant plaintiff's request to withdraw his Third Causes of Action for Violation of the Unfair 3 Insurance Practices Act alleged in both Case No. 3:10-cv-03335 SC; and the consolidated 4 action, Case No. 3:10-cv-03336 SC. The Third Cause of Action shall be deemed withdrawn 5 and no further pleading shall be required by plaintiff. Defendant, Employers, may allege 6 this stipulation and order withdrawing the Third Cause of Action in its answer to Plaintiff's First Amended (and Supplemental) Complaint for fraud, breach of the implied covenant of 8 good faith and fair dealing, violation of fair claims settlement practices act, and complaint 9 by judgment creditor against liability insurer on judgment filed in Case No. 3:10-cv-03336

IT IS SO ORDERED.

Dated:

Judge Samuel

DECLARATION OF SERVICE

I, Angela Lee Rojas, declare as follows:

I am a citizen of the United States, over the age of eighteen years and not a party to 4 the within entitled action. I am employed at Wolkin Curran, LLP, 555 Montgomery Street, 5 ...


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