Cornerstone Community Alcohol and Other Drug Recovery System v. Service American Indemnity Company

I. Introduction

23 On October 28, 2021, Plaintiff Cornerstone Community Alcohol And Other Drug 24 Recovery System, dba Kings Gospel Mission, (“Cornerstone”) commenced this action in the 25 Kings County Superior Court against Defendants Service American Indemnity Company 26 (“SAIC”), Tangram Insurance Services, Inc., (“Tangram”), and Arthur J. Gallagher & Co. 27 (“Gallagher”). On December 2, 2021, Plaintiff filed a First Amended Complaint (“FAC”), 28 1 voluntarily dismissing Defendant Tangram. The FAC alleged five causes of action: breach of 2 contract, equitable estoppel, breach of implied covenant of good faith and fair dealing, negligent 3 performance of contract, and declaratory judgment. On February 22, 2022, Defendant Gallagher 4 removed the action to this Court pursuant to 28 U.S.C. §§ 1441 and 1446(b)(3), as this Court has 5 original jurisdiction over Plaintiff’s claims based on diversity pursuant to 28 U.S.C. § 1332. 6 (Doc. 1.) 7 On March 1, 2022, Defendant Gallagher filed a motion to dismiss the FAC pursuant to 8 Fed. R. Civ. P. Rule 12(b)(6) based on failure to state a claim. (Doc. 6.) Following briefing by 9 the parties, on November 2, 2022, the…