Aracelis Mavares, an individual, and Emmy Pernalete, an individual v. The Government Employees Insurance Company (GEICO), a corporation; Doe Individuals I–X; Roe Companies I–X

D. Utah

Aracelis Mavares, an individual, and Emmy Pernalete, an individual v. The Government Employees Insurance Company (GEICO), a corporation; Doe Individuals I–X; Roe Companies I–X

DecidedJanuary 27, 2026

Docket2:25-cv-00984

StatusUnknown

This text of Aracelis Mavares, an individual, and Emmy Pernalete, an individual v. The Government Employees Insurance Company (GEICO), a corporation; Doe Individuals I–X; Roe Companies I–X (Aracelis Mavares, an individual, and Emmy Pernalete, an individual v. The Government Employees Insurance Company (GEICO), a corporation; Doe Individuals I–X; Roe Companies I–X) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aracelis Mavares, an individual, and Emmy Pernalete, an individual v. The Government Employees Insurance Company (GEICO), a corporation; Doe Individuals I–X; Roe Companies I–X, (D. Utah 2026).

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Opinion

UNITED STATES DISTRICT COURT DISTRICT OF UTAH

Aracelis Mavares, an individual, and Emmy MEMORANDUM DECISION AND Pernalete, an individual, ORDER GRANTING [ECF NO. 7] DEFENDANTS’ MOTION FOR Plaintiffs, PARTIAL JUDGMENT ON THE PLEADINGS v. Case No. 2:25-cv-00984-DBB-DAO The Government Employees Insurance Company (GEICO), a corporation; Doe District Judge David Barlow Individuals I–X; Roe Companies I–X,

Defendants.

Before the Court is Defendant The Government Employees Insurance Company’s (“GEICO”) Motion for Partial Judgment on the Pleadings.1 Plaintiffs did not file any responsive briefing and indicated to opposing counsel that they would not oppose the motion.2 Under Federal Rule of Civil Procedure 12(c), “[a]fter the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings.”3 The court evaluates a motion for judgment on the pleadings under the same standard as a Rule 12(b)(6) motion to dismiss for failure to state a claim.4 “The court’s function on a Rule 12(b)(6) motion is

1 Mot. for Partial J. on the Pleadings, ECF No. 7, filed December 19, 2025. 2 Request to Submit for Decision GEICO’s Mot. for Partial J. on the Pleadings, ECF No. 13, filed January 20, 2026. 3 Fed. R. Civ. P. 12(c). 4 Colony Ins. Co. v. Burke, 698 F.3d 1222, 1228 (10th Cir. 2012) (quoting Park Univ. Enters., Inc. v. Am. Cas. Co. of Reading, PA, 442 F.3d 1239, 1244 (10th Cir. 2006) (abrogated on other grounds)). 1 not to weigh potential evidence that the parties might present at trial, but to assess whether the plaintiffs complaint alone is legally sufficient to state a claim for which relief may be granted.”> GEICO seeks judgment on Plaintiffs’ claim for punitive damages. Under Utah law, punitive damages are not recoverable under contract claims.° Plaintiffs’ claims are for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) bad faith.’ All three claims sound in contract.* Therefore, Plaintiffs cannot assert a claim for punitive damages. ORDER Defendant’s Motion for Partial Judgment on the Pleadings’ is GRANTED. Plaintiffs’ claim for punitive damages is dismissed.

Signed January 27, 2026. BY THE COURT

David Barlow United States District Judge

5 Sutton v. Utah State Sch. For Deaf & Blind, 173 F.3d 1226, 1236 (10th Cir. 1999). 6 Smith v. Grand Canyon Expeditions Co., 2003 UT 57, § 29, 84 P.3d 1154 (“punitive damages are recoverable only for torts, not for breach of contract.”). 7 Compl. 4-5, 7, ECF No. 5, filed November 3, 2025. 8 See Pheasantbrook Home Owners Ass’n v. The Travelers Indem. Co., 152 F. Supp. 3d 1342, 1359-60 (D. Utah 2016) (“First-party “bad faith’ clatms sound in contract, not tort.”) (quoting Beck v. Farmers Ins. Exch., 701 P.2d 795, 800 (Utah 1985)); Christensen v. Mid-Century Ins. Co., No. 2:19-CV-00164, 2020 WL 619437, at *3 (D. Utah Feb. 10, 2020) (unpublished) (“Under Utah law, punitive or exemplary damages are not available for either a bad faith claim or a breach of contract claim.”). ° ECF No. 7.

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UNITED STATES DISTRICT COURT DISTRICT OF UTAH

Aracelis Mavares, an individual, and Emmy MEMORANDUM DECISION AND Pernalete, an individual, ORDER GRANTING [ECF NO. 7] DEFENDANTS’ MOTION FOR Plaintiffs, PARTIAL JUDGMENT ON THE PLEADINGS v. Case No. 2:25-cv-00984-DBB-DAO The Government Employees Insurance Company (GEICO), a corporation; Doe District Judge David Barlow Individuals I–X; Roe Companies I–X,

Defendants.

Before the Court is Defendant The Government Employees Insurance Company’s (“GEICO”) Motion for Partial Judgment on the Pleadings.1 Plaintiffs did not file any responsive briefing and indicated to opposing counsel that they would not oppose the motion.2 Under Federal Rule of Civil Procedure 12(c), “[a]fter the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings.”3 The court evaluates a motion for judgment on the pleadings under the same standard as a Rule 12(b)(6) motion to dismiss for failure to state a claim.4 “The court’s function on a Rule 12(b)(6) motion is

1 Mot. for Partial J. on the Pleadings, ECF No. 7, filed December 19, 2025. 2 Request to Submit for Decision GEICO’s Mot. for Partial J. on the Pleadings, ECF No. 13, filed January 20, 2026. 3 Fed. R. Civ. P. 12(c). 4 Colony Ins. Co. v. Burke, 698 F.3d 1222, 1228 (10th Cir. 2012) (quoting Park Univ. Enters., Inc. v. Am. Cas. Co. of Reading, PA, 442 F.3d 1239, 1244 (10th Cir. 2006) (abrogated on other grounds)). 1 not to weigh potential evidence that the parties might present at trial, but to assess whether the plaintiffs complaint alone is legally sufficient to state a claim for which relief may be granted.”> GEICO seeks judgment on Plaintiffs’ claim for punitive damages. Under Utah law, punitive damages are not recoverable under contract claims.° Plaintiffs’ claims are for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) bad faith.’ All three claims sound in contract.* Therefore, Plaintiffs cannot assert a claim for punitive damages. ORDER Defendant’s Motion for Partial Judgment on the Pleadings’ is GRANTED. Plaintiffs’ claim for punitive damages is dismissed.

Signed January 27, 2026. BY THE COURT

David Barlow United States District Judge

5 Sutton v. Utah State Sch. For Deaf & Blind, 173 F.3d 1226, 1236 (10th Cir. 1999). 6 Smith v. Grand Canyon Expeditions Co., 2003 UT 57, § 29, 84 P.3d 1154 (“punitive damages are recoverable only for torts, not for breach of contract.”). 7 Compl. 4-5, 7, ECF No. 5, filed November 3, 2025. 8 See Pheasantbrook Home Owners Ass’n v. The Travelers Indem. Co., 152 F. Supp. 3d 1342, 1359-60 (D. Utah 2016) (“First-party “bad faith’ clatms sound in contract, not tort.”) (quoting Beck v. Farmers Ins. Exch., 701 P.2d 795, 800 (Utah 1985)); Christensen v. Mid-Century Ins. Co., No. 2:19-CV-00164, 2020 WL 619437, at *3 (D. Utah Feb. 10, 2020) (unpublished) (“Under Utah law, punitive or exemplary damages are not available for either a bad faith claim or a breach of contract claim.”). ° ECF No. 7.

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