Summary
dismissing the plaintiffs' claim for breach of insurance contract on the ground that the plaintiffs cannot establish damages because "during the past 14 years the Policy has benefitted the Walkers by providing them with life insurance coverage carrying a cash value."
Summary of this case from Tibbets v. Athene Annuity & Life Assurance Co. of N.Y.Opinion
Civil No. 07-1829-ST.
March 17, 2008
ORDER
Magistrate Judge Stewart has issued a Findings and Recommendation [13] in this action. The Magistrate Judge recommended that defendants' Motion to Dismiss [6] be granted with leave to replead the Third Claim alleging fraud. No objections were filed, and the case was referred to me.
The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation of the Magistrate. Campbell v. United States Dist. Ct., 501 F.2d 196 (9th Cir. 1974).
No clear error appears on the face of the record. This court adopts the Magistrate Judge's Findings and Recommendation.
CONCLUSION
The Magistrate Judge's Findings and Recommendation [13] is ADOPTED, defendants' Motion to Dismiss [6] is GRANTED with leave to replead the Third Claim alleging fraud.
IT IS SO ORDERED.