Mortar and Pestle Corp. v. Atain Specialty Insurance Company

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 MORTAR AND PESTLE CORP., Case No. 20-cv-03461-MMC

Plaintiff, ORDER GRANTING DEFENDANT'S v. MOTION TO DISMISS; DISMISSING

FIRST AMENDED COMPLAINT WITH

ATAIN SPECIALTY INSURANCE PREJUDICE

COMPANY,

11 Defendant. 12 Before the Court is Atain Specialty Insurance Company’s (“Atain”) Motion, filed November 6, 2020, “to Dismiss Plaintiff’s First Amended Complaint.” Plaintiff Mortar and Pestle Corp. d/b/a Olea Restaurant (“Mortar and Pestle”) has filed opposition, to which Atain has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 BACKGROUND The instant action arises in the context of the COVID-19 pandemic and the significant impact the pandemic has had on business operations nationwide. Mortar and Pestle, which owns and operates a restaurant in San Francisco (see id. ¶ 20), alleges that, “[i]n light of [its] inability…