Out West Restaurant Group Inc. v. Affiliated FM Insurance Company

Good Law
United States District Court, Northern District of CaliforniaDecember 4, 20203:20-cv-06786California2,000 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 OUT WEST RESTAURANT GROUP INC., Case No. 20-cv-06786-TSH et al., 8 Plaintiffs, ORDER RE: MOTION TO DISMISS 9 v. Re: Dkt. No. 13

AFFILIATED FM INSURANCE

COMPANY,

Defendant.

13 I. INTRODUCTION Plaintiffs brought this action claiming that Defendant refused to pay their claims for coverage under an insurance policy after they sustained covered monetary loses due to the COVID-19 pandemic. Pending before the Court is Defendant’s Motion to Dismiss and Motion to Strike pursuant to Federal Rules of Civil Procedure 41 and 12(f). ECF No. 13. Plaintiffs filed an Opposition, ECF No. 14, and Defendant filed a Reply, ECF No 15. Having considered the parties’ positions, relevant legal authority, and the record in this case, the Court GRANTS Defendant’s motion for the following reasons and dismisses with leave to amend. II. BACKGROUND Plaintiff Out West Restaurant Group, Inc. is a restaurant management…

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