Metro Services Group v. Travelers Caualty and Surety Company of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 METRO SERVICES GROUP, CASE NO. 4-21-cv-02178-YGR

Plaintiff, ORDER GRANTING MOTION TO DISMISS

WITH LEAVE TO AMEND

vs.

TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Re: Dkt. No. 17 10 Defendant. 11 Plaintiff Metro Services Group (“Metro”) brings this action against defendant Travelers Casualty and Surety Company of America (“Travelers”). (“Dkt. No. 2”) (“Compl.”) Metro asserts nine claims based on Travelers’ alleged failure to pay Metro’s legal costs after accepting Metro’s tender of defense. They include: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing-in bad faith; (3) breach of statutory duty; (4) promissory estoppel; (5) misrepresentation; (6) fraud; (7) interference with prospective economic advantage; (8) violation of the Racketeer Influenced and Corrupt Organization Act (“RICO”); and (9) a claim for declaratory judgment. (Id.) Now before the Court is Travelers’ motion to dismiss claims Three,…