Swanbom

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOEL SWANBOM, et al., Case No. 1:24 -cv-00171-KES-SAB

Plaintiffs, ORDER ADOPTING IN FULL AMENDED

FINDINGS AND RECOMMENDATIONS

v. AND GRANTING DEFENDANT

TRAVELERS COMMERCIAL

TRAVELERS COMMERCIAL INSURANCE COMPANY’S MOTION TO

INSURANCE COMPANY, DISMISS WITH LEAVE TO AMEND

14 Defendant. Docs. 11, 17, 18

16 On April 3, 2024, Travelers Commercial Insurance Company’s (“defendant” or “Travelers”) moved to dismiss Joel and Katie Swanbom’s (“plaintiffs”) complaint with prejudice for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Doc. 11. This action arises out of an insurance policy dispute connected to the sale of a home. Plaintiffs held two Travelers homeowners insurance policies that included liability coverage. Doc. 1 ¶ 1. On or about January 27, 2018, plaintiffs sold their single-family home to a third party buyer. Id. ¶ 10. At some point after the sale, the buyer notified plaintiffs of…