Messick

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FINANCIAL INDEMNITY COMPANY, No. 2:21-cv-01585-DAD-AC Plaintiff, v. ORDER DENYING DEFENDANT JON

MESSICK’S MOTION TO DISMISS

CHARLES S. MESSICK, et al., (Doc. No. 29) Defendant.

16 This matter is before the court on a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) filed on behalf of defendant Jon Messick, as the personal representative of the Estate of Charles S. Messick. (Doc. No. 29.) The pending motion was taken under submission by the previously assigned district judge on August 15, 2022. (Doc. No. 34.) For the reasons explained below, defendant’s motion to dismiss will be denied. BACKGROUND Plaintiff Financial Indemnity Company alleges the following in the operative second amended complaint (“SAC”). On November 18, 2018, Charles C. Messick (“the driver”) lost control of the car he was driving, rolled down an embankment, and collided with a fence in Moffat County,…