Sunrize Staging, Inc. v. Ovation Development Corp.

MEMORANDUM ***

Plaintiff-appellant Sunrize Staging, Inc. (“Sunrize”) appeals the dismissal of its second amended complaint (“complaint”) against the defendants-appellees (collectively, “Ovation”). Sunrize’s complaint sought to recover for the loss of scaffolding equipment due to a fire, which occurred while Ovation was allegedly in possession and control of the equipment. The equipment was allegedly owned by Sunrize and had been rented by Ovation’s subcontractee, J.G. Plastering, for use during several phases of construction at a property owned by Ovation.

Because it is not “beyond doubt that [Sunrize] can prove no set of facts in support of [its] claim that would entitle it to relief,” dismissal of the case under Federal Rule of Civil Procedure 12(b)(6) was improper. Williamson v. General Dynamics Corp., 208 F.3d 1144, 1149 (9th Cir.2000). We therefore reverse and remand for further proceedings consistent with this disposition.

I.

In March 2003, defendant Ovation entered into a subcontract agreement with J.G. Plastering. J.G. Plastering was to perform stucco and plastering work during several phases of construction at a property owned and being developed by Ovation. To…