Swinerton Builders, Inc., a California Corporation v. Argonaut Insurance Company
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SWINERTON BUILDERS, INC., A Case No. 23-cv-04158-DMR
CALIFORNIA CORPORATION,
8 Plaintiff, ORDER ON MOTION TO DISMISS 9 v. Re: Dkt. No. 15 10
ARGONAUT INSURANCE COMPANY,
11 Defendant. 12 13 Plaintiff Swinerton Builders, Inc. (“Swinerton”) filed an action against Defendant 14 Argonaut Insurance Company (“Argonaut”) alleging breach of contract and related claims 15 stemming from three construction projects. Argonaut now moves pursuant to Federal Rule of 16 Civil Procedure 12(b)(1) to dismiss the complaint for lack of subject matter jurisdiction, arguing 17 that Swinerton’s claims are subject to arbitration. [Docket No. 15.] This matter is suitable for 18 resolution without oral argument. Civ. L.R. 7-1(b). For the following reasons, the court converts 19 the motion to dismiss to a motion to compel arbitration and grants the motion to compel. 20 I. BACKGROUND 21 A. Swinerton’s Allegations 22 On December 20, 2019, Swinerton, a general contractor, entered into a Master Subcontract…