Chavez v. Travelers Casualty Insurance Company of America
This text of Chavez v. Travelers Casualty Insurance Company of America (Chavez v. Travelers Casualty Insurance Company of America) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
HUMBERTO CHAVEZ, Case No. 22-cv-06381-VC Plaintiff, ORDER DENYING MOTION TO V. DISMISS TRAVELERS CASUALTY INSURANCE Re: Dkt. No. 22 COMPANY OF AMERICA, Defendant.
A motion to dismiss based on the running of the limitations period may be granted “only ‘if the assertions of the complaint, read with the required liberality, would not permit the plaintiff to prove that the statute was tolled.’” Supermail Cargo, Inc. v. United States, 68 F.3d 1204, 1206 (9th Cir. 1995). It seems possible that Chavez could prove facts to establish that Travelers’ communication regarding its initial payment was sufficiently open-ended to equitably toll the limitations period. See Prudential-LMI Commercial Insurance v. Lundberg, 51 Cal. 3d 674, 687— 91 (1990); see also Supermail, 68 F.3d at 1207. If Travelers wishes to propose an early discovery and summary judgment schedule on the issue of timeliness, the Court will entertain it. But its motion to dismiss puts the cart before the horse, so it is denied. Travelers’ Answer is due within 14 days of this order.
IT IS SO ORDERED. Dated: April 26, 2023 = VINCE CHHABRIA United States District Judge
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Chavez v. Travelers Casualty Insurance Company of America, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chavez-v-travelers-casualty-insurance-company-of-america-cand-2023.