Varlack

Varlack v. Liberty Mutual Insurance Company

Good Law
United States District Court, Northern District of CaliforniaNovember 28, 20223:22-cv-02478California695 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GUSTAVAS VARLACK, Case No. 22-cv-02478-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

OHIO SECURITY INSURANCE Re: Dkt. No. 44 COMPANY, et al., Defendants.

The motion to dismiss is granted. This ruling assumes that the reader is familiar with the record and the arguments made by the parties. 1. Judicial Notice. Ohio Security asks the Court to take judicial notice of Varlack’s insurance contract and the letter denying coverage. A court may consider documents “on which the complaint ‘necessarily relies’ if: (1) the complaint refers to the document; (2) the document is central to the plaintiff’s claim; and (3) no party questions the authenticity of the document.” United States v. Corinthian Colleges, 655 F.3d 984, 999 (9th Cir. 2011). Varlack’s complaint references the insurance contract, which is central to his claims regarding denial of coverage. Though Varlack objects to the request for judicial notice, he does not appear to dispute the accuracy of the contract. The request for judicial notice is therefore granted as to the insurance contract. The complaint does…

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