Davis
Davis v. National Interstate Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ANTHONY DAVIS, Case No. 1:23-cv-00936-ADA-CDB
Plaintiff, ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS COMPLAINT
v. PURSUANT TO FED. R. CIV. P. 12(b)(6)
AND GRANTING LEAVE TO AMEND
NATIONAL INTERSTATE INSURANCE COMPANY, (Doc. 3) 15 Defendant. 21-DAY DEADLINE 16 17 Pending before the Court is the motion by Defendant National Interstate Insurance Company to dismiss the complaint of Plaintiff Anthony Davis, filed June 29, 2023, pursuant to Fed. R. Civ. P. 12(b)(6). (Doc. 3). The Court has received and considered Plaintiff’s opposition papers (Doc. 5) and Defendant’s reply (Doc. 8). Background On October 21, 2019, Plaintiff filed a personal injury lawsuit in the Superior Court for the State of California, County of Kern, against Ten-West Towing, its alleged owner, James R. Cady, and an employee, Brandon Edwards. See Complaint (Doc. 1-1) ¶ 10. Plaintiff amended the complaint twice, and the operative, third amended…