California Capital Insurance Company v. Broan-Nutone, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CALIFORNIA CAPITAL INSURANCE No. 1:21-cv-00388-NONE-SKO
COMPANY,
FINDINGS AND RECOMMENDATIONS Plaintiff(s), TO GRANT DEFENDANT A. O. SMITH CORPORATION’S MOTION TO DISMISS v. [Doc. 6]
BROAN-NUTONE, LLC, et al., [THIRTY-DAY OBJECTION DEADLINE] Defendants. 17 Plaintiff California Capital Insurance Company (hereinafter “CCIC”) as subrogee of GSF Jackson Park Place Investors L.P. initiated this action by filing a complaint on January 29, 2021, against Defendants Broan-Nutone, LLC, (hereinafter “Broan”) and A.O. Smith Corporation (hereinafter “Smith”) in the Fresno County Superior Court. (Doc. 1.) Defendant Smith removed the action to this Court on March 10, 2021, pursuant to 28 U.S.C. § 1441(b) based on diversity. (Doc. 1.) Plaintiff contends that a fan motor assembly manufactured by Defendant Smith and installed in an exhaust fan constructed, designed, manufactured,…