facts underlying the Texas litigation could support claims for negligence—indeed, the Texas plaintiffs originally brought negligence claims. Moreover, Salesforce, in defending itself in the Texas litigation, might be able to show that it acted only negligently and not intentionally or knowingly, which could also create a potential for coverage. See Gray v. Zurich Insurance Co., 65 Cal. 2d 263, 277 (1966). Travelers thus has a continuing duty to defend. The dismissal of this claim is without prejudice to Travelers seeking reimbursement of defense costs at the close of the Texas litigation. As to Travelers’ claims relating to indemnification and reimbursement, Salesforce is correct that these claims are premature because the Texas state court litigation has not yet concluded. See First Mercury Insurance Co. v. Great Divide Insurance Co., 203 F. Supp. 3d 1043, 1053-54 (N.D. Cal. 2016); Tamrac, Inc. v. California Insurance Guarantee Association, 63 Cal. App. 4th 751, 759 (1998). Indeed, Salesforce would be entitled to a stay of Travelers’ indemnification claim because the factual question of whether Salesforce acted negligently, which is conduct covered under the insurance policy, or intentionally and knowingly, which is conduct not covered under the insurance policy, is at the heart of both this lawsuit and the Texas state court litigation. See Great American Insurance Co. v. Superior Court, 178 Cal. App. 4th 221, 235-36 (2009). However, because both this indemnification claim and the reimbursement claim are not yet ripe, these claims will be dismissed without prejudice to Travelers renewing them at the close of the Texas litigation. See Western World Insurance Co. v. County of Hawaii, 2008 WL 2073494, at *2-4 (D. Haw. May 15, 2008); see also First Mercury Insurance, 203 F. Supp. 3d at 1053-54; Kaiser Foundation Health Plan, Inc. v. Hawaii Life Flight Corporation, 2017 WL 1534193, at *22-24 (D. Haw. Apr. 27, 2017). The case is thus dismissed without prejudice.

IT IS SO ORDERED.

Dated: April 13, 2021 Ko“. mee

VINCE CHHABRIA

United States District Judge

| Salesforce’s request for judicial notice is granted.