Heritage Bank of Commerce v. Zurich American Insurance Company

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 27 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

HERITAGE BANK OF COMMERCE, a No. 23-15115 California corporation, D.C. No. 3:21-cv-10086-RS Plaintiff-Appellant,

v. MEMORANDUM*

ZURICH AMERICAN INSURANCE

COMPANY,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Richard Seeborg, Chief District Judge, Presiding

Argued and Submitted February 13, 2024 San Francisco, California

Before: MILLER, BADE, and VANDYKE, Circuit Judges.

Heritage Bank of Commerce (“Heritage”) appeals the district court’s grant

of Zurich American Insurance Company’s (“Zurich”) motion to dismiss under

Federal Rule of Civil Procedure 12(b)(6). We review de novo a district court’s

decision on a motion to dismiss. Harper v. Nedd, 71 F.4th 1181, 1184 (9th Cir.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 2023). The parties agree that California law applies, and we need “not…