Caribe Restaurant and Nightclub, Inc. v. Topa Insurance Company

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8 United States District Court 9 Central District of California

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11 CARIBE RESTAURANT & Case № 2:20-cv-03570-ODW (MRWx) NIGHTCLUB, INC., individually and on 12 behalf of all others similarly situated, 13 ORDER GRANTING MOTION TO Plaintiff,

DISMISS [61]

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TOPA INSURANCE COMPANY,

16 Defendant. 17 18 I. INTRODUCTION 19 Plaintiff Caribe Restaurant & Nightclub, Inc. (“Caribe”) initiated this class 20 action against Defendant Topa Insurance Company (“Topa”) alleging breach of 21 contract and seeking declaratory judgment for insurance coverage. (First Am. Compl. 22 (“FAC”), ECF No. 57.) Topa moves to dismiss. (Mot. to Dismiss (“Motion” or 23 “Mot.”), ECF No. 61.) The matter is fully briefed. (See Opp’n, ECF No. 66; Reply, 24 ECF No. 67.) For the reasons below, the Court GRANTS the Motion.1 25 26 27

28 1 Having carefully considered the papers filed in connection with the Motion, the Court deemed the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. 1 …