Exact Property and Casualty Co. v. Union Pacific Railroad Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 EXACT PROPERTY AND CASUALTY No. 2:21-cv-00928 WBS JDP

COMPANY,

13 Plaintiff, ORDER RE: DEFENDANT’S MOTION v. TO DISMISS

UNION PACIFIC RAILROAD COMPANY,

and DOES 1-10, inclusive, Defendant. 18 ----oo0oo---- This is a subrogation lawsuit brought by a real property insurer regarding a fire that spread from a right-of-way controlled by defendant Union Pacific Railroad Company (“Union Pacific”) on July 5, 2020, in Stockton, California. Plaintiff Exact Property and Casualty Company (“Exact”) claims that Pacific’s negligence contributed to the ignition of the fire, and that Union Pacific’s conduct violated California Health & Safety Code §§ 13007 and 13008 and constituted a trespass. (See Def.’s Notice of Removal, Ex. A (“Compl.”) (Docket No. 1).) Union Pacific now moves to dismiss Exact’s claims in their entirety. (Mot. to Dismiss (Docket…