Wacker v. Massachusetts Mutual Life Insurance Company of America

Filing 19

Order by Hon. Vince Chhabria granting 9 Motion to Dismiss with Leave to Amend by July 8, 2014.(knm, COURT STAFF) (Filed on 6/17/2014)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

MARGARET WACKER,

Case No. 14-cv-01764-VC

Plaintiff,
8
v.

ORDER GRANTING MOTION TO
DISMISS WITH LEAVE TO AMEND

9
10

United States District Court
Northern District of California

11

MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY OF AMERICA,

Re: Dkt. No. 9

Defendant.

12
13

The third cause of action, for intentional misrepresentation, is dismissed with leave to

14

amend by no later than July 8, 2014. The complaint alleges in very general terms that when Mass

15

Mutual sold its policy to Ms. Wacker, it did not intend to honor the policy. But this general

16

allegation is not sufficient to satisfy the particularity requirement of Rule 9(b). Otherwise, every

17

claim for breach of contract could be converted into a fraud case "so long as the plaintiff adds to

18

his complaint a general allegation that the defendant never intended to keep her promise." Smith

19

v. Allstate Ins. Co., 160 F.Supp.2d 1150, 1154 (S.D. Cal. 2001) (quoting Richardson v. Reliance

20

Nat'l Indem. Co., 2000 WL 284211 *5 (N.D. Cal. Mar. 9, 2000)).

21
22
23
24
25
26
27
28

IT IS SO ORDERED.
Dated: June 17, 2014
______________________________________
VINCE CHHABRIA
United States District Judge