Apex Solutions, Inc. v. Falls Lake Ins. Management Co., Inc.

I. BACKGROUND

In the early summer of 2020, the mayor of Oakland declared a municipal state of emergency, citing conditions of extreme peril to the safety of persons and property within the city. The declaration came in the wake of “unrest and violence . . . in Oakland and other cities in the Bay Area and around the country” following the murder of George Floyd. Among these emergency conditions was the looting of businesses. Apex, which describes itself as the owner of a business that “manufactures, stores and distributes cannabis and cannabis related products and merchandise,” operates out of a facility at 8435 Baldwin Street in Oakland. In the early morning hours of June 1, 2020, a group of unidentified burglars broke into Apex’s facility and stole a large portion of its cannabis inventory. The thieves raided two separate inventory vaults on Apex’s premises, one called the Distro Vault, and one called Kate’s Vault. The following day, Apex submitted a police report. In its report, Apex described a break-in at its facility and theft of inventory in the middle of the

2 night. Apex stated the incident started on “06/01/2020 01:30 AM” and ended on “06/01/2020 5:00 AM”. On Apex’s…