Baker
Baker v. Oregon Mutual Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division STEVEN BAKER AND MELANIA KANG Case No. 20-cv-05467-LB D/B/A CHLOE’S CAFÉ, a California general partnership, individually and behalf of themselves and all others similarly ORDER GRANTING MOTION TO situated, DISMISS Plaintiffs, Re: ECF No. 10 v.
OREGON MUTUAL INSURANCE
COMPANY,
17 Defendant. 18 INTRODUCTION The plaintiffs have a restaurant in San Francisco called Cloe’s Cafe. When San Francisco — in response to the COVID-19 pandemic — prohibited indoor dining, the plaintiffs lost money as a result. They then submitted a claim for their business losses to their insurer, Oregon Mutual. Oregon Mutual denied the claim on the ground that the policy covered only business losses resulting from “direct physical losses” causing “direct physical loss of or damage to the insured property.” The plaintiffs then sued — on behalf of themselves and a nationwide class — for a…