State Farm Mutual Ins. Co. v. Penske Truck Leasing Co., L.P.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 15 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

STATE FARM MUTUAL AUTOMOBILE No. 20-55893 INSURANCE COMPANY, an Illinois corporation, D.C. No. 2:20-cv-01342-SVW-PVC Plaintiff-Appellee,

v. MEMORANDUM*

PENSKE TRUCK LEASING CO., L.P., a Delaware Limited Partnership; OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania Corporation,

Defendants-Appellants,

and

MELBA FERNANDEZ; DOES, 1 through 20, inclusive,

Defendants.

Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding

Submitted June 15, 2021* Anchorage, Alaska

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: RAWLINSON, CHRISTEN, and R. NELSON, Circuit Judges. Dissent by Judge RAWLINSON

In the district court, State Farm Mutual Automobile Insurance Co. sought

declaratory relief establishing that Penske Truck Leasing Co. and Old…