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MEZZETTI v. STATE FARM MUT. AUTO. INS. CO.

No. C 04-03022 JW.

346 F.Supp.2d 1058 (2004)

Susan MEZZETTI, Plaintiff(s), v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPNY, et al., Defendant(s).

United States District Court, N.D. California.

November 18, 2004.

Attorney(s) appearing for the Case

Howard G. Frank, Law Offices of Howard G. Frank, Robert L. Mezzetti, II, Mezzeti Law Firm Inc., San Jose, CA, for Plaintiff.

Stephen P. Ellingson, Stephen M. Hayes, Hayes Davis Ellingson McLay & Scott LLP, Menlo Park, CA, for Defendants.

ORDER DENYING MOTION TO DISMISS

WARE, District Judge.

I. INTRODUCTION

Defendant State Farm Automobile Insurance Company ("State Farm") moves to dismiss three of Plaintiff Susan Mezzetti's ("Mezzetti") five causes of action. In resolving State Farm's motion, this Court decides two important issues of insurance law.

First, is a lawsuit against an insurer, brought under section 11580(b)(2) of the California Insurance Code, to collect on a...

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