Opinion
A. Eric Aguilera, (SBN 192390) Scott La Salle, (SBN 188287) THE AGUILERA LAW GROUP, APLC, Costa Mesa, CA, Attorney for Plaintiff, ST. PAUL MERCURY INSURANCE COMPANY.
Blaise S. Curet, Quyen Thi Le, SINNOTT, PUEBLA, CAMPAGNE & CURUT, APLC, Attorneys for Defendants ASSURANCE COMPANY OF AMERICA, MARYLAND CASUALTY COMPANY, NORTHERN INSURANCE COMPANY OF NEW YORK, STEADFAST INSURANCE COMPANY, and ZURICH AMERICAN INSURANCE COMPANY, separately and as successor to VALIANT INSURANCE COMPANY.
STIPULATION AND ORDER TO DISMISS CERTAIN ALLEGATIONS ONLY AGAINST DEFENDANT ASSURANCE COMPANY OF AMERICA
TROY L. NUNLEY, District Judge.
IT IS HEREBY STIPULATED by and between Plaintiff ST. PAUL MERCURY INSURANCE COMPANY ("ST. PAUL") and Defendant ASSURANCE COMPANY OF AMERICA ("ASSURANCE") through their designated counsel that certain allegations pertaining to Larry D. Pettibone, specifically only paragraphs 79 and 189 of ST. PAUL's First Amended Complaint that relate to ASSURANCE policy number SCP38458767 effective July 12, 2001 to July 12, 2003, be and hereby are dismissed without prejudice from the above-captioned action pursuant to FRCP 41(a)(1).
Both Plaintiff ST. PAUL and Defendant ASSURANCE further stipulate to bear their own costs and fees.
ORDER
Pursuant to stipulation of Plaintiff ST. PAUL and Defendant ASSURANCE and good cause existing therefore,
IT IS HEREBY ORDERED that ASSURANCE is dismissed without prejudice as to paragraphs 79 and 189 only of ST. PAUL's First Amended Complaint filed by ST. PAUL on October 25, 2013, with each party to bear their own costs and fees related to paragraphs 148 and 247 of the First Amended Complaint.