CA Capital Ins. Co. v. CNH Industrial America, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 CALIFORNIA CAPITAL INSURANCE No. 2:22-cv-02305 WBS KJN COMPANY as subrogee of its insureds Richard Carli and Marguerite Carli, MEMORANDUM AND ORDER RE: Plaintiff, DEFENDANT AFLAGOMMA AMERICA, INC.’S MOTION TO DISMISS v.

CNH INDUSTRIAL AMERICA LLC;

ALFAGOMMA AMERICA INC.; and DOES 1 through 25, inclusive, 18 Defendants.

20 ----oo0oo---- Plaintiff California Capital Insurance Company, as subrogee of its insureds Richard Carli and Marguerite Carli (“insureds”), brought this action against defendants CNH Industrial America LLC (“CNH Industrial”) and Alfagomma America Inc. (“Alfagomma”) in California Superior Court alleging claims for negligence and products liability. (Docket No. 1.) Defendants removed the action to this court pursuant to 28 U.S.C. § 1332. (Id.) Before the court is defendant Alfagomma’s motion to dismiss under Federal…