Monterey Property Associates v. Travelers Property Casualty Co

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 8 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MONTEREY PROPERTY ASSOCIATES No. 21-55541 ANAHEIM, LLC, a California limited liability company, D.C. No. 3:20-cv-00077-LAB-AGS Plaintiff-Appellant,

v.

MEMORANDUM*

TRAVELERS PROPERTY CASUALTY

COMPANY OF AMERICA,

Defendant-Appellee,

and

DOES, 1 through 10, inclusive,

Defendant.

Appeal from the United States District Court for the Southern District of California Larry Burns, District Judge, Presiding

Argued and Submitted April 11, 2022 Pasadena, California

Before: CALLAHAN and VANDYKE, Circuit Judges, and EZRA,** District

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation. Judge.

After being sued by one of its tenants, Appellant Monterey Property

Associates Anaheim, LLC (“MPAA”) tendered defense and indemnity to its

commercial liability insurance carrier…