Protege Restaurant Partners LLC v. Sentinel Insurance Company, Limited
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 PROTEGE RESTAURANT PARTNERS Case No. 20-cv-03674-BLF
LLC,
8 Plaintiff, ORDER GRANTING 12(B)(6) MOTION TO DISMISS WITH PREJUDICE AND v. DENYING 12(B)(1) MOTION TO DISMISS WITHOUT PREJUDICE
SENTINEL INSURANCE COMPANY,
LIMITED, [Re: ECF No. 71]
Defendant.
13 Before the Court is Defendant Sentinel Insurance Company, Limited’s 12(b)(6) and 12(b)(1) motions to dismiss Plaintiff Protégé Restaurant Partners LLC’s Second Amended Complaint. Plaintiff brings this action for Defendant’s alleged failure to provide business insurance coverage for Plaintiff’s losses related to the COVID-19 pandemic (“COVID”) and COVID-related county and state stay-at-home orders (“Closure Orders”). The Court GRANTS Defendant’s Rule 12(b)(6) motion to dismiss for failure to state a claim, and DENIES WITHOUT PREJUDICE Defendant’s Rule 12(b)(1)…