Balcal Construction, Inc. v. Berkley Assurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BALCAL CONSTRUCTION, INC., Case No. 25-cv-02997-RFL Plaintiff,
ORDER GRANTING IN PART AND
Vv. DENYING IN PART MOTION TO
DISMISS
BERKLEY ASSURANCE COMPANY, et al., Re: Dkt. No. 7 Defendants.
The Court finds the matter suitable for determination without oral argument under Civil Local Rule 7-1(b), and the hearing set for June 3, 2025 is VACATED. In light of Plaintiff's non-opposition (Dkt. No. 19), Berkley Assurance Company’s Motion to Dismiss (Dkt. No. 7) is GRANTED as to the claims against Verus Specialty Insurance, and Verus is dismissed from the action. The motion is DENIED to the extent it seeks dismissal of the request for punitive damages against Berkeley Assurance, because “requests for punitive damages provide no basis for dismissal under Rule 12(b)(6).” Apple, Inc. v. Starr Surplus Lines Ins. Co., No. 24-cv-03738- RFL, 2024 WL 4834424, at *1 (N.D. Cal. Nov. 18, 2024) (quoting Muldoon v. DePuy Orthopaedics, Inc., No. 15-cv-02723-PJH, 2024 WL 3522204, at *15 (N.D. Cal. July 23, 2024)). The order to show cause (Dkt. No. 18)…