NORCO et al v. ALLSTATE INSURANCE COMPANY et al

Filing 25

MEMORANDUM ORDER adopting 15 Report and Recommendation as the opinion of the Court and granting in part and denying in part 5 MOTION TO DISMISS; Motion to dismiss, treated as a motion for summary judgment as to the coverage claim in Count II of the Amended Complaint, is GRANTED and Judgment is entered in favor of Defendants and against Plaintiffs as to Count II of the Amended Complaint; Motion to dismiss the common law bad faith claim in Count III of the Amended Complaint is GRANTED WITHOU T PREJUDICE; Plaintiffs have sought leave of court to amend their amended complaint to add allegations of harm, which will be ruled upon by Chief Magistrate Judge Lenihan; Motion to dismiss the statutory bad faith claim in Count IV of the Amended Com plaint is GRANTED WITH PREJUDICE; Motion to dismiss the Uniform Trade Practices and Consumer Protection Law claims in Counts V and IX of the Amended Complaint is GRANTED WITH PREJUDICE; Motion to dismiss the wrongful use of civil proceedings claim in Count VI of the Amended Complaint is GRANTED WITH PREJUDICE as to Ricky and Wendy Norco in their own right, and DENIED as to Talon Norco and/or the Guardian Plaintiffs on behalf of Talon; Motion to dismiss the fraud claims in Counts VII and VIII of the Amended Complaint is GRANTED WITH PREJUDICE; To the extent Plaintiffs are requesting that this Court find that this order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immedia te appeal from this order may materially advance the ultimate termination of the litigation, for purposes of filing an interlocutory appeal by permission under 28 U.S.C. §1292(b), said request is DENIED. Signed by Chief Judge Gary L. Lancaster on 9/10/12. (map)