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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

JOHN et al V. ACE AMERICAN INSURANCE COMPANY et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
2:14-cv-00934 Search Pacer
ACE Group party(s): 
Opposing Party: 
Aniba John
Court Type: 
Federal
US District Court: 
Eastern District of California
Date Filed: 
Apr 16 2014

TO THE CLERK OF THE ABOVE-ENTITLED COURT:
PLEASE TAKE NOTICE that defendant National Union Fire Insurance Company of
Pittsburgh, PA (hereinafter "National Union") hereby removes to this Court the state action
described below:
1. On April 8, 2013, plaintiffs Aniba John and Julita John commenced an action
in the Superior Court of the State of California, County of Sacramento, Case
No. 34-2013-00142958, entitled Aniba John, Julita John v. Ace American
Insurance Company, et al. A copy of the complaint is attached here as Exhibit
" 1 " and is incorporated as part of this notice. National Union was not named
as a defendant in the initial complaint.
2. On January 7, 2014, plaintiff filed a First Amended Complaint, a copy of
which is attached here as Exhibit "2" and is incorporated as part of this notice.
National Union was not served with a copy of the First Amended Complaint.
3. On March 11,2014, plaintiffs filed an Amendment to Complaint, adding
National Union as a Doe Defendant to the initial complaint.
4. On March 18, 2014, National Union was served with a copy of the initial
Complaint and Amendment to Complaint naming National Union a Doe
defendant. A copy of the Complaint and Doe Amendment served on National
Union, is attached hereto as Exhibit "3" and is incorporated as part of this
notice.
5. ACE American Insurance Company was served with a copy of the Complaint
on June 6, 2013. ACE American Insurance Company, through its counsel
Holly Gagas, Esq., consents to and joins in the removal of this action.
6. This action is a civil action of which this Court has original jurisdiction under
28 U.S.C. section 1332, and is one that may be removed to this Court by
National Union pursuant to the provisions of 28 U.S.C. section 1441,
subdivision (a), in that it is a civil action wherein the matter in controversy
exceeds the sum of $75,000 exclusive of interest and costs, and is between
citizens of different states.
7. The fact that the amount in controversy exceeds the minimum requirement for
diversity jurisdiction can be determined by the nature of the claims and the
amount and type of the damages sought in the Complaint. Plaintiffs claim that
they were involved in a serious single vehicle collision due to icy conditions
on the roadway where plaintiffs suffered serious, debilitating, and permanent
injuries. (First Amended Complaint, section X.) Plaintiffs allege they were
insured under a policy of insurance issued by "defendants" which provides
policy benefits of $300,000. (FAC, section V, VI.) A copy of a National
Union policy is attached to the First Amended Complaint, which lists policy
benefits of $300,000. Plaintiffs allege that "defendants" have failed to pay
their claim for policy benefits.
8. Plaintiffs also seek punitive damages. (FAC, sections XIII, XIV, XVIII.)
Even if the Court adopts a "due process multiplier" of just one times actual
damages, the amount in controversy would be more than $75,000. Johnson v.
Ford Motor Co., 35 Cal.4"1 1191 (2005); Wysinger v. Automobile Club of
Southern California, 157 Cal.App^ 413 (2007).
9. Plaintiff also seeks general damages and attorney fees. (FAC, section XV,
XVIII.) The prayer for attorney's fees constitutes an element of their special
damages on a theory that plaintiffs incurred these so-called Brandt fees to
recover unreasonably withheld policy benefits. {Brandt v. Superior Court
(1985)37Cal.3d813.)
10. At the time of the commencement of this action, and at all times since,
National Union has been, and still is, a corporation of the State of
Pennsylvania, being incorporated under the laws of Pennsylvania, and has had
and continues to have its principal place of business in the State of New York.
National Union was not, at the time of the institution of this action, and is not
now, a corporation incorporated under the laws of the State of California, and
does not have at the time of the institution of this action, and does not have
now, its principal place of business in California. Therefore, National Union
is not a citizen of California.
11. ACE American Insurance Company consents to the removal of this action. At
the time of the commencement of this action, and at all times since, ACE
American Insurance Company has been, and still is, a corporation of the State
of Pennsylvania, being incorporated under the laws of Pennsylvania, and has
had and continues to have its principal place of business in Philadelphia,
Pennsylvania. ACE American Insurance Company was not, at the time of the
institution of this action, and is not now, a corporation incorporated under the
laws of the State of California, and does not have at the time of the institution
of this action, and does not have now, its principal place of business in
California. Therefore, ACE American Insurance Company is not a citizen of
California.
12. Plaintiffs are and continue to be citizens of the State of California. (FAC,
Section II.)

DEMAND FOR JURY TRIAL
National Union hereby demands a trial by jury.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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