Voluntary Dismissal in Response to Motions to Dismiss – Orange County

On October 9, 2023, Butch Mathenia, Esq. of Scarborough Attorneys at Law obtained dismissals in two separate breach of contract actions on behalf of the Defendant insurer. Plaintiff’s Complaints, filed in Orange County, alleged a breach of the insurance contracts due to the Insurer’s failure to pay Plaintiff, glass shops invoice in full. Mr. Mathenia, on behalf of the defendant insurer moved for dismissal arguing that Plaintiff glass shop did not comply with the properly invoked appraisal provision within the subject insurance policy, a mandatory condition precedent to bringing suit. On the eve of the Motion to Dismiss hearing, the Plaintiff dismissed both cases against the carrier. Mr. Mathenia’s aggressive litigation strategy resulted in a timely and cost-effective defense for the client.