Canal Insurance Co v. A&R Express Trucking LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 CANAL INSURANCE CO, Case No. 5:19-cv-03571-EJD Plaintiff, ORDER DENYING DEFENDANT ALI v. ALTAYE’S MOTION TO DISMISS

1, || A&R EXPRESS TRUCKING LLC, et al., Re: Dkt. No. 48 Defendants.

Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, Defendant Ali Altaye || (“Altaye”) moves this Court to dismiss Plaintiff Canal Insurance Company’s (“Canal”) complaint for failure to state a claim on which relief can be granted. The Court took the matter under || submission for decision without oral argument pursuant to Civil Local Rule 7-1(b). For the || reasons below, Altaye’s motion is DENIED. S I. Background This is an insurance coverage declaratory relief action in which Canal seeks declarations || that it owes no duty to defend or indemnify defendants A & R Express Trucking LLC (“A&R Express”) and A…