Zurich Ins. Co. v. Alvarez by and Through Calva

ORDER DECLINING EXERCISE OF JURISDICTION

A. INTRODUCTION

This case requires the Court to decide whether it should exercise diversity jurisdiction over a declaratory relief action. The plaintiff Zurich Insurance Company, an Illinois corporation (“Zurich”), requests this Court to determine whether, pursuant to an insurance policy (“Policy”), it has a duty to defend or indemnify the defendants Taser Industries, Inc., a Delaware corporation, and Taser Systems, Inc., a California corporation (collectively, “Taser,”) against a tort claim for damages filed in California state court. Plaintiff Vincent Alvarez (“Alvarez”), filed the claim in state court against, among others, defendant City of Los Angeles (“City”). The City filed a cross-complaint for equitable indemnity and declaratory relief against Taser.

Jurisdiction is based on diversity of citizenship. 28 U.S.C. section 1332 (a). Zu rich’s action for declaratory relief in federal court is based on the Federal Declaratory Judgments Act, 28 U.S.C. sections 2201 , 2202, and Rule 57 of the Federal Rules of Civil Procedure. For the reasons stated herein, on its own motion, this Court declines to exercise jurisdiction over this…