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
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BOARD OF TRUSTEES, IN THEIR Case No. 21-cv-05105-JCS
CAPACITIES AS TRUSTEES OF THE
8 LABORERS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN ORDER REGARDING MOTION TO
9 CALIFORNIA, et al., DISMISS THIRD-PARTY COMPLAINT 10 Plaintiffs, Re: Dkt. No. 38 v. 11
12 SANTA CRUZ UNDERGROUND AND PAVING, INC., et al., 13 Defendants. 14 15 I. INTRODUCTION 16 Defendant Santa Cruz Underground and Paving, Inc. (“SCUP”) filed a third-party 17 complaint1 for indemnity and breach of contract against Third-Party Defendant Vance Brown, Inc. 18 (“VBI”). VBI now moves to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal 19 Rules of Civil Procedure on the grounds that contractual limitations provisions time-bar SCUP’s 20 third-party complaint. The Court held a hearing on the motion on Friday, June 24, 2022, at 9:30 21 a.m. For the reasons discussed below, VBI’s motion is GRANTED, and SCUP’s third-party 22 complaint is DISMISSED.2 23 24 25 1 SCUP incorrectly styled its pleading as…