Capo, L.P. v. Citizens Insurance Company of America

I.

FACTUAL AND PROCEDURAL BACKGROUND

Capo, a California limited partnership, operates a restaurant in Santa Monica, California. Compl. ¶ 1 [Doc. # 1 at 7]. Capo alleges that in December 2020, a large quantity of wine and cash was stolen from its restaurant. Id. at ¶ 6. At the time, Capo was insured under a property insurance policy issued by Defendants Citizens Insurance Company of America (“Citizens”). Id. at ¶ 4. Capo alleges that although the policy included approximately $1.2 million in contents coverage, Citizens reimbursed only $100,000 for the loss. Compl. ¶¶ 4-9. Capo alleges that it suffered damages in excess of $1 million. Id. at ¶ 12.

On August 23, 2022, Capo filed a complaint in Los Angeles County Superior Court against Citizens for (1) breach of an insurance contract, (2) tortious breach of the covenant of good faith and fair dealing, and (3) unfair competition. See generally Compl. On September 8, 2022, Citizens removed the action to this Court based on diversity jurisdiction pursuant to 28 U.S.C. section 1332(a)(1). Notice of Removal (“NOR”) ¶ 3 [Doc. # 1]. The NOR asserts that Citizens is a citizen of Michigan and Massachusetts, because it is…