Steadfast Insurance Company v. Essex Portfolio LP

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEADFAST INSURANCE COMPANY, Case No. 21-cv-02756-JSC

Plaintiff,

ORDER RE: MOTION TO DISMISS,

v. AND ORDER TO SHOW CAUSE

ESSEX PORTFOLIO LP, Re: Dkt. No. 13 Defendant.

12 Before the Court is Steadfast’s motion to dismiss Essex’s counterclaim in this insurance coverage dispute action. (Dkt. No. 13.) After carefully considering the parties’ briefing, and having had the benefit of oral argument on August 19, 2021, the Court GRANTS the motion. For related reasons, the Court ORDERS Steadfast to SHOW CAUSE as to why its declaratory judgment claim should not be dismissed without prejudice as unripe. BACKGROUND BRE Properties, Inc. undertook a development project in San Francisco, California and purchased insurance from Steadfast. Two firms, McLarand Vasquez Emsiek & Partners Inc. and Cross 2 Design Group, provided design services for the project. BRE later transferred the project to Essex. In May…