On July 13, 2013 a
Minute Order - MINUTE ORDER (HEARING ON MOTION TO STRIKE)
was filed
involving a dispute between
Bankers Life And Casualty Company,
Ghasemi Hamidreza,
and
Babaeian Mohsen,
Ghasemi Hamidreza,
Bankers Life And Casualty Company,
Farmer Case Hack & Fedor,
Lewis Brisbois Bisgaard & Smith Llp,
for civil
in the District Court of Los Angeles County.
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
North Valley District, Chatsworth Courthouse, Department F47
PC057690 February 25, 2022
HAMIDREZA GHASEMI VS. BANKERS LIFE AND 8:30 AM
CASUALTY COMPANY
Judge: Honorable Melvin D. Sandvig CSR: None
Judicial Assistant: Kailin Keating ERM: None
Courtroom Assistant: Greg Gilbertson Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): Eamon Jafari
For Defendant(s): Robert R. Shiri (Video)
NATURE OF PROCEEDINGS:
HEARING ON MOTION TO STRIKE
The matter is called for hearing and argued.
The Court's tentative ruling is adopted as its final ruling as follows:
The Motion to Strike (not initial pleading) filed by Mohsen Babaeian on 01/31/2022 is Denied.
The motion is denied.
This action arises out of a dispute as to whether a disability insurance policy purchased by
Plaintiff/Cross-Defendant Hamidrez Ghasemi (Plaintiff) from Defendant/Cross-Complainant
Bankers Life and Casualty Company provided benefits for five years or up until Plaintiff reached
the age of 65. Although Plaintiff executed a form changing the benefit period to five years from
“to age 65” as requested in his application, Plaintiff contends that Defendant Mohsen Babaeian, a
Bankers Life and Casualty Company insurance agent, acted as his interpreter and misrepresented
that the policy provided benefits to age 65.
In 2011, Plaintiff was declared disabled. Bankers Life and Casualty Company paid benefits for
five years. When Bankers Life and Casualty Company stopped paying under the policy, Plaintiff
filed this action for: (1) fraud, (2) negligent misrepresentation, (3) reformation, (4) negligence,
(5) breach of contract, (6) breach of implied obligation of good faith and fair dealing, (7)
declaratory relief and (8) violation of Business & Professions Code Section 17200.
Bankers Life and Casualty Company contends that Plaintiff’s claim submissions contained
material misrepresentations and concealments; therefore, Bankers Life and Casualty Company
Minute Order Page 1 of 4
Document Filed Date
February 25, 2022
Case Filing Date
July 13, 2013
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division North Valley District, Chatsworth Courthouse, Department F47 PC057690 February 25, 2022 HAMIDREZA GHASEMI VS. BANKERS LIFE AND 8:30 AM CASUALTY COMPANY Judge: Honorable Melvin D. Sandvig CSR: None Judicial Assistant: Kailin Keating ERM: None Courtroom Assistant: Greg Gilbertson Deputy Sheriff: None APPEARANCES: For Plaintiff(s): Eamon Jafari For Defendant(s): Robert R. Shiri (Video) NATURE OF PROCEEDINGS: HEARING ON MOTION TO STRIKE The matter is called for hearing and argued. The Court's tentative ruling is adopted as its final ruling as follows: The Motion to Strike (not initial pleading) filed by Mohsen Babaeian on 01/31/2022 is Denied. The motion is denied. This action arises out of a dispute as to whether a disability insurance policy purchased by Plaintiff/Cross-Defendant Hamidrez Ghasemi (Plaintiff) from Defendant/Cross-Complainant Bankers Life and Casualty Company provided benefits for five years or up until Plaintiff reached the age of 65. Although Plaintiff executed a form changing the benefit period to five years from “to age 65” as requested in his application, Plaintiff contends that Defendant Mohsen Babaeian, a Bankers Life and Casualty Company insurance agent, acted as his interpreter and misrepresented that the policy provided benefits to age 65. In 2011, Plaintiff was declared disabled. Bankers Life and Casualty Company paid benefits for five years. When Bankers Life and Casualty Company stopped paying under the policy, Plaintiff filed this action for: (1) fraud, (2) negligent misrepresentation, (3) reformation, (4) negligence, (5) breach of contract, (6) breach of implied obligation of good faith and fair dealing, (7) declaratory relief and (8) violation of Business & Professions Code Section 17200. Bankers Life and Casualty Company contends that Plaintiff’s claim submissions contained material misrepresentations and concealments; therefore, Bankers Life and Casualty Company Minute Order Page 1 of 4