Pez Seafood DTLA, LLC v. The Travelers Indemnity Company
Opinion
Trial Court Opinion
I.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff operates Pez Cantina, a restaurant in Los Angeles. FAC at ¶ 1. On or around January 7, 2020, Plaintiff entered into an insurance agreement (the “Policy”) with Travelers to cover lost income at Pez Cantina. Id. at ¶¶ 10–11, 16–17, Ex. 1 (the “Policy”).
Shortly thereafter, Los Angeles began its attempt to combat and contain the ongoing COVID-19 pandemic. See Ctrs. for Disease Control & Prevention, Coronavirus (COVID-19), https://www.cdc.gov/coronavirus/2019-ncov/index.html. On March 15, 2020, Los Angeles Mayor Eric Garcetti issued an order which, among other things, prohibited dine-in food service. FAC at ¶ 22, Ex. 2. The following day, Davis issued a Stay at Home order (“Davis Order”) that applied to individuals in Los Angeles County. FAC at ¶ 25, Ex. 5. The Davis Order forbade individuals from gathering in groups of over people and placed physical distancing requirements on smaller gatherings. Davis Order at ¶¶ 1–2.
1 This order was later extended to May 15, 2020. FAC at ¶ 23–24, Ex. 3–4. 2 The Court will refer to the orders issued by Garcetti and Davis collectively as “Orders.”