Riverport Ins. Co. v. OAKLAND COMMUNITY HOUSING

VAUGHN R. WALKER, Chief Judge.

This action arose in August 2008, when plaintiff Riverport Insurance Company ("Riverport") sought declaratory relief that it was not obligated to defend or indemnify The John Stewart Company ("JS Co.") and Loren Sanborn ("Sanborn") (collectively "defendants") in an action pending in Alameda County superior court, Scroggins et al v. Oakland Community Housing, Inc ("Scroggins"). Doc. # 1. Riverport filed a first amended complaint (FAC) on June 15, 2009. Doc. # 132. In June 2009, the court granted summary judgment deciding that Riverport owed no duty to defend or indemnify JS Co. or Sanborn in Scroggins. Doc. ## 131, 140. The only remaining claim asserted by Riverport is for reimbursement, but Riverport filed a declaration indicating its intent to withdraw the claim, Doc. # 151, and reiterated its intent to do so at the November 5, 2009 hearing.

Defendants filed their answer to the FAC on August 31, 2008 and asserted two counterclaims. Doc. # 148. Riverport now seeks summary judgment on those counterclaims or, alternatively, asks the court to dismiss them pursuant to FRCP 12(b)(6). Doc. # 150.

In reviewing a summary judgment motion, the court must…