Board of Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund For Northern California v. Santa Cruz Underground and Paving, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BOARD OF TRUSTEES, IN THEIR Case No. 21-cv-05105-JCS
CAPACITIES AS TRUSTEES OF THE
LABORERS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN ORDER REGARDING MOTION TO
CALIFORNIA, et al., DISMISS THIRD-PARTY COMPLAINT Plaintiffs, Re: Dkt. No. 38 v.
SANTA CRUZ UNDERGROUND AND PAVING, INC., et al., 13 Defendants. 14 I. INTRODUCTION Defendant Santa Cruz Underground and Paving, Inc. (“SCUP”) filed a third-party complaint1 for indemnity and breach of contract against Third-Party Defendant Vance Brown, Inc. (“VBI”). VBI now moves to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure on the grounds that contractual limitations provisions time-bar SCUP’s third-party complaint. The Court held a hearing on the motion on Friday, June 24, 2022, at 9:30 a.m. For the reasons discussed below, VBI’s motion is GRANTED, and SCUP’s third-party complaint is DISMISSED.2 23 24 25 1 SCUP incorrectly styled its pleading as…