Messick

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Financial Indemnity Company, No. 2:21-cv-01585-KJM-AC Plaintiff, ORDER v. Charles S. Messick, et al., Defendants. 16 This matter is before the court on defendant’s motion to dismiss. The court submitted the matter without oral argument. For the reasons below, the court grants defendant’s motion. 19 IT. BACKGROUND On November 18, 2018, Charles C. Messick (“Driver”) lost control of the car he was driving, rolled down an embankment, and collided with a fence in Moffat County, Colorado. See First Am. Compl. § 14, ECF No. 6. Charles S. Messick (“Passenger”) was riding in the car and 23 sustained “catastrophic injuries.” /d. Driver passed away as a result of injuries sustained in the 24 accident.! Jd. 25 ///I/

' Charles S. Messick’s counsel informed the court that Mr. Messick has also passed away. See Statement of Death, ECF No. 20. The court substituted Jon Messick, the…