Great American E&S Insurance Company v. Dye Precision, Inc.

I. BACKGROUND

20 A. The Underlying Doe Action 21 The present declaratory judgment action arises from an underlying lawsuit currently 22 pending in state court. On November 22, 2022, John Doe (“Doe”), suing under a fictitious 23 name, filed a complaint in the Superior Court of the State of California, County of San 24 Diego, Case No. 37-2022-00047300-CU-OE-CTL (the “Doe Action” or the “Underlying 25 Lawsuit”) against Defendant Dye Precision, Inc. (“Dye”) and Defendant David DeHaan 26 (“DeHaan”) (collectively, “Defendants”). On October 27, 2023, Doe amended his 27 28 complaint (the “Doe Complaint”). The Doe Complaint asserts claims against both Dye and DeHaan for childhood sexual assault, battery, assault, false imprisonment, negligence, sexual harassment, and intentional infliction of emotional distress. (ECF No. 17-3, Doe Compl. ¶¶ 52–90, 103–07.) The Doe Complaint also asserts claims against Dye for failure to prevent sexual harassment and negligent supervision and retention. Id. ¶¶ 91–102. The Doe Complaint alleges that DeHaan was Doe’s stepfather “and lived in the same home as [Doe] from the time [Doe] was a few years old until he left…