Steadfast Insurance Company v. Essex Portfolio LP
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEADFAST INSURANCE COMPANY, Case No. 21-cv-02756-JSC
Plaintiff,
ORDER DISMISSING STEADFAST’S
v. DECLARATORY JUDGMENT CLAIM
ESSEX PORTFOLIO LP, Re: Dkt. No. 22 Defendant.
12 Steadfast initiated this insurance dispute, seeking a declaratory judgment that coverage is precluded. (Dkt. No. 1.) Essex counterclaimed for breach of contract and breach of the implied covenant of good faith and fair dealing. (Dkt. No. 8.) The Court dismissed Essex’s counterclaim without prejudice as unripe and ordered Steadfast to show cause as to why its declaratory judgment claim should not be dismissed without prejudice for related reasons. (Dkt. No. 21.) Now before the Court are Steadfast’s show cause briefing and Essex’s response. (Dkt. Nos. 22, 24.) “[T]he question of ripeness goes to our subject matter jurisdiction to hear the case.” Ray Charles Found. v. Robinson, 795 F.3d 1109, 1116 (9th Cir. 2015) (citation omitted). With respect …