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TONY SERHAL VS ALLSTATE INSURANCE COMPANY ET AL

Defendant also contends that Plaintiff’s bad faith claim is barred on the grounds that (1) the arbitrator awarded significantly less than what was demanded by Plaintiff, (2) Defendant relied on independent expert opinion in disputing coverage, and (3) pain and suffering damages are inherently subject to genuine dispute. Plaintiff does not address Defendant’s arguments as to his breach of contract claim.

  • Hearing

    Aug 30, 2018

JOANNE ALVA VS ALLSTATE INDEMNITY COMPANY

The First Cause of Action in the Complaint is for “Bad Faith – Failure to Properly Investigate Claim.” The gravamen of this claim is that Allstate “Allstate chose to proceed with low-ball offers and engage in undue delays” rather than fairly investigate Alva’s claims, leading to a four-year delay in the receipt of payment. (Complaint ¶ 19.)

  • Hearing

    Aug 22, 2018

  • Judge

    Robert S. Draper or Gail Ruderman Feuer

  • County

    Los xxxxxxx County, CA

STARLIN CARVER VS ALLSTATE INSURANCE COMPANY INC

Furthermore, without a viable breach of contract claim, there can be no claim for bad faith. (See Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1, 36 [“the conclusion that a bad faith claim cannot be maintained unless policy benefits are due is in accord with the policy in which the duty of good faith is [firmly] rooted”].)

  • Hearing

    Jul 20, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SATIN ASADI VS ALLSTATE NORTHBROOK INDEMNITY COMPANY

It must be made separately and shall describe the specific action or tactic made in bad faith or that is frivolous or solely intended to cause unnecessary delay. Cal. Code Civ. Proc. 128.5(f)(1)(A). Claimant has not shown that Respondent engaged in specific bad faith action or tactic. It appears from the evidence that the Respondent has attempted to participate by proposing arbitrators and exchanging discovery. Petition, Ex. F.

  • Hearing

    Sep 27, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

BLAIR VS ALLSTATE INSURANCE COMPANY

ISSUES RE DEFENDANT'S BAD FAITH OR SPITERI'S DERELICTION WILL BE DECIDED IN COURT. COURT WILL LIFT STAY ONCE APPRAISAL COMPLETE. (PB)

  • Hearing

    May 30, 2002

GUZMAN VS. ALLSTATE INDEMNITY COMPANY

Indeed, by proceeding to arbitration, Guzman recovered $20,000 more than she would have recovered had Allstate accepted her $150,000 settlement demand and this is fatal to her bad faith claim. What is the effect of demanding the initial policy limits ($170,000) on economic damages rather than the Code of Civil Procedure section 998 offer of $150,000? Summary adjudication is granted to the punitive damages claim.

  • Hearing

    Jun 07, 2018

  • Type

    Contract

  • Sub Type

    Breach

GUSTUS VS. REYES CANO

The Court intends to Sustain Without Leave to Amend the Demurrer to causes of action 3 - Breach of contract, 4 - Declaratory relief & 5 - Breach of contract and bad faith. Plaintiff has plead insufficient facts to state a cause of action and pursuant to Moradi-Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal. 3d 287, 308, Plaintiffs cannot state facts sufficient to state any cause of action.

  • Hearing

    Mar 07, 2018

NELSON VS RACQUET CLUB VILLA HOME

The same analysis applies to the 9th cause of action for insurance bad faith to which State Farm only argued that Plaintiff did not have standing. Plaintiff also has standing to allege declaratory relief (14th cause of action) as to the rights and obligations under the insurance policy.

  • Hearing

    Aug 25, 2016

FORD VS ALLSTATE INDEMNITY COMPANY

It is these same claims handling practices that are the "subject" of Plaintiff's UIM bodily injury bad faith claims handling claim against Allstate in this case. Thus, it is not simply that attorney Glanz has had access to Allstate's "playbook" regarding UIM claims, it is the fact that the "playbook" (i.e., Allstate's claims handling practices of UIM claims) is the "subject" of Plaintiff's bad faith claims handling complaint in this case.

  • Hearing

    Sep 19, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

NELSON VS RACQUET CLUB VILLA HOME

The same analysis applies to the 9th cause of action for insurance bad faith to which State Farm only argued that Plaintiff did not have standing. Plaintiff also has standing to allege declaratory relief (14th cause of action) as to the rights and obligations under the insurance policy.

  • Hearing

    Aug 25, 2016

NELSON VS RACQUET CLUB VILLA HOME

The same analysis applies to the 9th cause of action for insurance bad faith to which State Farm only argued that Plaintiff did not have standing. Plaintiff also has standing to allege declaratory relief (14th cause of action) as to the rights and obligations under the insurance policy.

  • Hearing

    Aug 25, 2016

TIMOTHY TYRONE POLLARD VS ALLSTATE NORTHBROOK INDEMNITY COMPANY

The Court concludes that the parties had a good faith dispute as to the proper scope of the subpoenas, and that neither party has acted in bad faith. (See Code Civ. Proc., § 1987.2, subd. (a).) CONCLUSION AND ORDER Petitioner’s motion to quash is denied as moot. Petitioner’s request for sanctions is denied. Petitioner shall provide notice and file proof of such with the Court. DATED: October 10, 2019 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

    Oct 10, 2019

ANDREW BLACK VS GAYANE MIKAYELYAN ET AL

CAUSES OF ACTION IN COMPLAINT: 1) Negligence 2) Negligence 3) Trespass to Chattels 4) Conversion 5) Negligence Per Se 6) Unfair Business Practices 7) Bad Faith This hearing concerns the demurrer and motion to strike of the Defendants, Gayane Mikayelyan, Eliza Ter-Arakelyan, and Hovanes Markaryan. A review of the demurrer reveals that it does not comply with CCP section 430.41.

  • Hearing

    Dec 15, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

  • County

    Los xxxxxxx County, CA

ANDREW BLACK VS GAYANE MIKAYELYAN ET AL

In his opposition, the Plaintiff asserts that he has claims directly against Allstate for its conduct directed at him in his negligence, trespass to chattels, conversion, negligence per se, unfair business practices, and bad faith.

  • Hearing

    Sep 01, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

  • County

    Los xxxxxxx County, CA

ALLSTATE INSURANCE COMPANY VS NAVIEN INC ET AL

Defendants also argue that Allstate has made prior judicial admissions in the federal bad faith action that the insurance contract is void in order to avoid bad faith liability, and cannot now allege that the insurance contract is not void.

  • Hearing

    Nov 04, 2016

  • County

    Los xxxxxxx County, CA

JERRY LYNN ONEAL VS. BLACOW AUTO REPAIR

It is not clear to the court that the parties were able to fully confer regarding a stipulation to transfer or that plaintiff was acting in bad faith when he made the initial venue selection. Accordingly, the request for fees will be denied.

  • Hearing

    Feb 15, 2011

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GAVINO RAMOS, AN INDIVIDUAL VS ALLSTATE NORTHBROOK INDEMNITY COMPANY

In ruling on a motion to quash, “the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive.” (Code Civ. Proc., § 1987.2, subd. (a).)

  • Hearing

    Jan 22, 2020

ALLSTATE INSURANCE COMPANY ET AL VS DAVID SHAWA M D ET AL

On January 18, 2018, the Court (Judge Kalin) granted plaintiffs’ motion for sanctions against defendants’ counsel on the ground that defendants’ proposed cross-complaint lacked any factual basis, was legally frivolous, was not a viable claim, and was made in bad faith. On January 12, 2018, defendants filed this opposed motion to disqualify plaintiffs’ counsel, attorney James Perkins and Colman Law Group. The Court considered the moving and opposition papers, and rules as follows.

  • Hearing

    Feb 07, 2018

CENTEX HOMES VS. AD LAND VENTURE

Contract-Based Cause of Action First, Centex argues that Travelers' cause of action for breach of the implied covenant of good faith and fair dealing is improper as a matter of law, because an insurer cannot sue its policyholder in tort for bad-faith breach of contract. (Mot. at 4.)

  • Hearing

    Jan 13, 2015

  • Type

    Contract

  • Sub Type

    Breach

CENTEX HOMES VS. AD LAND VENTURE

Contract-Based Cause of Action First, Centex argues that Travelers' cause of action for breach of the implied covenant of good faith and fair dealing is improper as a matter of law, because an insurer cannot sue its policyholder in tort for bad-faith breach of contract. (Mot. at 4.)

  • Hearing

    Jan 13, 2015

  • Type

    Contract

  • Sub Type

    Breach

CENTEX HOMES VS. AD LAND VENTURE

Contract-Based Cause of Action First, Centex argues that Travelers' cause of action for breach of the implied covenant of good faith and fair dealing is improper as a matter of law, because an insurer cannot sue its policyholder in tort for bad-faith breach of contract. (Mot. at 4.)

  • Hearing

    Jan 13, 2015

  • Type

    Contract

  • Sub Type

    Breach

JAMES A BAKER, ET AL. VS ALLSTATE INSURANCE

On November 9, 2018, Plaintiffs filed a Complaint in the instant action against Defendant alleging that Defendant in bad faith refuses to properly and timely pay insurance benefits in connection with the automobile accident that is the basis for the underlying matter. On February 2, 2019, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for breach of the implied covenant of good faith and fair dealing and fraud.

  • Hearing

    Mar 04, 2019

  • Type

    Insurance

  • Sub Type

    Intellectual Property

HENRY MARTINEZ VS ALLSTATE NORTHBROOK INDEMNITY COMPANY

Argument regarding the delays in the claim adjustment process constitutes a matter subsumed within the bad faith claim, rather than an issue of waiver for the court to determine. The court lacked any basis of jurisdiction to order any arbitration prior to the filing of the action and motion of Allstate. Plaintiff chose the time frame for the initiation of the action. Even if the court examined the underlying circumstances, it shows Plaintiff first made the demand for arbitration on March 19, 2018.

  • Hearing

    Aug 27, 2020

  • Type

    Insurance

  • Sub Type

    Intellectual Property

MARK PROCESS VS RICHARD RAWLINGS, ET AL.

Plaintiff contends that this was a bad faith negotiation. On July 16, 2019, Allstate filed a demurrer to each cause of action. On October 21, 2019, Plaintiff filed an opposition to the demurrer. On October 29, 2019, Allstate filed a reply. On August 9, 2019, Rawlings filed a motion to strike punitive damages. No opposition was filed.

  • Hearing

    Nov 18, 2019

ALLSTATE INSURANCE COMPANY ET AL VS DAVID SHAWA M D ET AL

“Except as specified in subdivision (c), in making an order pursuant to motion made under subdivision (c) of Section 1987 or under Section 1987.1, the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney’s fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive.” CCP § 1987.2(a).

  • Hearing

    Jan 25, 2017

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