Janich

This is a motion by the plaintiff, United States Fidelity and Guaranty Company, to dismiss the cross-claim of the defendant Berrey; a motion to strike from cross-claim; a motion to strike demand for jury, and a motion for severance of time of trial.

The action is one for declaratory relief for a determination of the “legal rights, duties and other relations as between this plaintiff and the respective defendants herein.” The complaint alleges that the plaintiff herein is a corporation organized and existing under the laws of the State of Maryland. The defendants with whom this motion is concerned are: Peter P. Janich, Sr., individually and as doing business under the name and style of Sanitary Construction and Engineering Company, Peter P. Janich, Jr., and Max Berrey, all citizens of the State of California.

On June 27, 1942 plaintiff issued a policy of liability insurance wherein the named insured are designated as: P. P. Janich, doing business as Sanitary Construction and Engineering Company, and P. P. Janich, Sr.

Prior to July 1, 1942, the date on which the accident herein purportedly occurred, Peter P. Janich, Jr., joined as partner with his father in the above construction…