Brian Kennedy v. United States Liability Insurance Company
Opinion
Trial Court Opinion
I. Introduction
On July 29, 2020, Brian Kennedy (“Kennedy” or “Plaintiff”) filed this action in the Los Angeles Superior Court against United States Liability Insurance Company, Inc. (“USLI”) and Schifrin Gagnon & Dickey, Inc. (“SGD,” or together with USLI, “Defendants”). Dkt. 1-1 at Ex. 2 (the “Complaint”). The Complaint advanced three causes of action against USLI: (1) declaratory relief as to insurance coverage; (2) breach of contract; and (3) breach of the covenant of good faith and fair dealing. Id. The Complaint advanced a single cause of action against SGD -- negligent misrepresentation. Id.
On August 12, 2022, USLI removed the action on the basis of diversity jurisdiction. Dkt. 1. On September 12, 2022, Kennedy moved to remand the action. Dkt. 13 (the “Motion”). On September 26, 2022, USLI opposed Kennedy’s motion. Dkt. 15 (the “Opposition”). On October 3, 2022, Kennedy filed a reply brief in support of the Motion. Dkt. 16 (the “Reply”).
A hearing on the Motion was held on November 21, 2022, and it was taken UNDER SUBMISSION. For the reasons stated in this Order, the Motion is GRANTED. The action is remanded to the Los Angeles Superior Court.