Pal Gill Trucking, Inc. v. Lancashire Cargo Consortium

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 PAL GILL TRUCKING INC., Case No. 1:24-cv-00770-EPG Plaintiff, ORDER GRANTING DEFENDANT

LANCASHIRE CARGO CONSORTIUM’S

v. MOTION TO DISMISS LANCASHIRE CARGO CONSORTIUM, (ECF No. 7) Defendant. 15 I. INTRODUCTION On July 2, 2024, Pal Gill Trucking, Inc., (“Pal Gill” or “Plaintiff”) filed a complaint for breach of contract and breach of the implied covenant of good faith and fair dealing against Lancashire Cargo Consortium (“Lancashire” or “Defendant”), based on Lancashire’s decision to deny insurance coverage for damage to Pal Gill’s rented commercial trailer. ECF No. 1. On 20 October 9, 2024, Defendant Lancashire Cargo Consortium filed a “Notice of Motion and Motion 21 to Dismiss for Failure to State a Claim upon which Relief Can Be Granted Pursuant to Rule 22 12(b)(6) of the Federal Rules of Civil Procedure” arguing that “[Plaintiff’s] complaint must be 23 dismissed because Plaintiff ‘rented’ the trailer that is the subject of its claim,…