Opinion
No. 2:08-cv-00283-MCE-GGH.
October 17, 2008
MEMORANDUM AND ORDER
Presently before the Court is Defendant's Motion to Dismiss Plaintiffs' Second Amended Complaint ("SAC"). In February of this year, Plaintiffs filed their original Complaint alleging causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing against Defendant Allstate Insurance Company. Defendant filed a Motion to Dismiss that Complaint in March 2008 and approximately two weeks later Plaintiffs filed a First Amended Complaint ("FAC"). Defendant subsequently filed a Motion to Dismiss Plaintiffs' FAC, which this Court granted with leave to amend. Plaintiffs have now filed an SAC containing no material distinctions from their FAC. Because Plaintiffs' current breach of contract and breach of implied covenant of good faith and fair dealing causes of action are essentially identical to those previously alleged, Defendant has again moved to dismiss.
The Court refuses to squander valuable judicial resources on unnecessarily repeating its original analysis here and directs Plaintiffs to review its prior Order. Defendant's current Motion is GRANTED on the same basis and for the same reasons as their first motion.
Nevertheless, out of an abundance of caution, this Court grants Plaintiffs leave to amend. Plaintiffs are directed to file a Third Amended Complaint, should they choose to do so, not later than twenty (20) days following the date of this Order. Plaintiffs are cautioned that filing another complaint with virtually the same allegations as the FAC and/or the SAC may cause the court to issue sanctions against Plaintiffs and in favor of Defendant.
IT IS SO ORDERED.