DTO Law Secures Victory on Behalf of State Farm Fire and Casualty Company

In Rosenberg-Wohl v. State Farm Fire and Casualty Company, DTO Law secured a decisive victory on behalf of client State Farm Fire and Casualty Company, obtaining dismissal of the complaint without leave to amend. DTO’s team consisted of founding partner Megan O’Neill, Lauren Hudecki, and Erik Mortensen.

The case began as a putative class action filed in San Francisco Superior Court. DTO first challenged whether the case could proceed as a class action, thereby forcing plaintiff to amend his complaint and drop the class allegations. The plaintiff then restyled her complaint as one seeking a public injunction to alter State Farm’s claims procedures. DTO filed a demurrer and motion to strike. The court sustained the demurrer with leave to amend, finding the limitations period had expired. The Court also granted the motion to strike on the grounds that the injunctive relief sought was not “public” in nature. After plaintiff amended and argued the limitations period did not apply to UCL claims and/or had been waived, DTO again demurred. The court dismissed the amended complaint without leave to amend.