Granite Outlet, Inc. v. Hartford Casualty Insurance Co.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS WITH PREJUDICE

This matter is before the Court on Defendant Hartford Casualty Insurance Company’s (“Defendant”) second Motion to Dismiss Plaintiffs First Amended Complaint. (Def.’s Mot. to Dismiss PL’s First Am. Compl., ECF No. 34.) Plaintiff Granite Outlet Inc. (“Plaintiff’) filed an opposition to Defendant’s motion. (PL’s Opp’n to Def.’s Mot. to Dismiss, ECF No. 36.) The Court has carefully considered the briefing filed by both parties. For the reasons below, the Court GRANTS Defendant’s Motion to Dismiss with PREJUDICE.

I. Factual and Procedural Background

This dispute arises out of Defendant’s declination to cover two employment-relat *979 ed claims filed against its insured, Plaintiff. (Pl.’s First Am. Compl., ECF No. 33 at ¶ 9.) Two of Plaintiffs former employees brought claims against Plaintiff for outstanding wages due, as well as associated penalties and liquidated damages pursuant to Labor Code sections 203 and 1194.2 respectively. (ECF No. 33 at 11 13.) Plaintiff has since settled all claims with both employees. (ECF No. 38 at ¶ 25.)

Plaintiff alleges that the parties in this matter have a written contract between them…