Kaisha
Tokio Marine & Fire Ins. Co., Ltd. v. Kaisha
Opinion
Opinion
Baird, J.
ORDER RE SOUTHERN PACIFIC’S MOTION FOR SUMMARY JUDGMENT AND NYK’S MOTION FOR SUMMARY JUDGMENT
I.INTRODUCTION
Defendant and Cross-Defendant Southern Pacific’s Transportation’s Motion for Summary Judgment, and Defendants and Cross-Claimants Nippon Yusen Kaisha dba NYK Line’s and NYK Line (North America) Inc.’s (collectively “NYK”) Motion for Partial Summary Judgment Against Defendant and Cross-Defendant SP came on regularly for hearing on June 2, 1997. Having carefully considered the papers submitted and oral argument of counsel, the Court hereby:
II. PROCEDURAL BACKGROUND
Plaintiff Tokio filed its original complaint in Los Angeles County Superior Court on May 9, 1996, against defendant NYK Line (North America) Inc. The Complaint alleged causes of action for: (1) non-delivery of cargo; (2) negligence; (3) breach of contract; and (4) breach of bailment.
Defendant NYK Line (North America) Inc. removed to this Court on June 20, 1996, based on diversity. On August 20, 1996, the parties stipulated to allow Tokio to amend the complaint, and the First Amended Complaint was filed. The First Amended Complaint added three new defendants: Nippon Yusen Kaisha dba NYK Line, SP and K & R…