Marks Engine Company No. 28 Restaurant, LLC v. Travelers Indemnity Company of Connecticut
Opinion
trial_court Opinion
I. BACKGROUND
On April 15, 2020, Plaintiff filed its complaint against Traveler’s Indemnity Company of Connecticut! (“Travelers”), Mayor Eric Garcetti (“Mayor Garcetti”), and Does 1—25 in the Superior Court of the State of California, County of Los Angeles. (Dkt. No. 1-2.) ! Defendant contends that it was erroneously sued as The Travelers Indemnity Company of Connecticut. (Dkt. No. 26 at 1.) CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk CB
On May 15, 2020, Travelers removed Plaintiff’s suit to this Court. (Dkt. No. 1.) In its notice of removal, Travelers argued that removal was proper because the only non-diverse defendant, Mayor Garcetti, was fraudulently joined, and the amount in controversy exceeds $75,000. (Id. at 4–14.) Plaintiff’s initial complaint alleged three causes of action: (1) a claim for declaratory relief against all defendants, (2) a claim for breach of implied covenant of good faith and fair dealing against Travelers and Does 1–25, and (3) a claim for per se violation of California Insurance Code Section 790.03 against Travelers and Does 1–25. (Dkt. No. 1-1 at ¶¶ 23–48.)