Chaos Enterprises, Inc. v. Hartford Fire Insurance Company

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 2:20-cv-9398-SVW Date December 10, 2020 Title Chaos Enterprises, Inc. et al. v. Hartford Fire Insurance Co. et al. Present: The STEPHEN V. WILSON, UNITED STATES DISTRICT JUDGE Honorable Paul M. Cruz N/A Deputy Clerk Court Reporter / Recorder Proceedings: ORDER GRANTING [20] PLAINTIFF’S MOTION TO REMAND Before the Court is Plaintiff’s motion to remand this case to Los Angeles Superior Court. Dkt. 20. Defendants oppose Plaintiff’s motion, arguing that Plaintiff cannot state a viable claim against PCF Insurance Services (“PCF”)–-the broker that procured Plaintiff’s insurance policy–-and, accordingly, PCF is a fraudulently joined Defendant. Dkt. 23. In doing so, Defendants note that Plaintiffs have not alleged that they asked PCF for coverage for losses caused specifically by viruses, and Defendants argue Plaintiff’s allegations are insufficient to impose a special duty of care upon PCF. Id. The Court rejects Defendants’ argument. Fraudulent joinder does not exist unless an alleged failure to state a claim is “obvious” according to the…