10E, LLC v. Travelers Indemnity Company of Connecticut

I. Introduction

On June 12, 2020, Plaintiff 10E, LLC (“10E”) filed a motion to remand this case to state court. Dkt. 24. On June 26, 2020, Defendant Travelers Indemnity Co. of Connecticut (“Travelers” or “Defendant”) filed a motion to dismiss Plaintiff’s First Amended Complaint (“FAC”). Dkt. 26. For the reasons explained below, the Court DENIES Plaintiff’s motion to remand and GRANTS Defendant’s motion to dismiss.

II. Factual and Procedural Background

On April 10, 2020, Plaintiff, a restaurant in downtown Los Angeles, filed its initial complaint in Los Angeles Superior Court, naming as defendants Travelers and Mayor Eric Garcetti. Dkt. 1, Ex. A. On May 15, 2020, Travelers, which is incorporated and has its principal place of business in Connecticut, Dkt. 1, at 5, removed the case to this Court, arguing that Garcetti was fraudulently joined to defeat diversity jurisdiction, Id. at 6-10.

On May 22, 2020, Defendant filed a motion to dismiss Plaintiff’s initial complaint. Dkt. 14. On June 12, 2020, Plaintiff filed its FAC. Dkt. 22. The FAC asserts claims for breach of contract,

1 The Court DENIES as moot Defendant’s motion to dismiss Plaintiff’s initial complaint. …