Victoria Family Limited-Liability Limited Partnership v. Liberty Mutual Insurance Company

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 VICTORIA FAMILY LIMITED Case No.: 19-CV-2159-CAB-WVG

LIABILITY LIMITED PARTNERSHIP,

9

ORDER ON MOTION TO DISMISS

Plaintiff, 10 FIRST AMENDED COMPLAINT v. 11 OHIO SECURITY INSURANCE [Doc. No. 15] 12 COMPANY and LIBERTY MUTUAL 13 INSURANCE COMPANY, 14 Defendants. 15 16 This matter is before the Court on a motion to dismiss the first amended complaint 17 (“FAC”) filed by Defendant Liberty Mutual Insurance Company (“LMIC”). The motion 18 has been fully briefed, and the Court deems it suitable for submission without oral 19 argument. For the following reasons, the motion is granted. 20 I. Allegations in the FAC 21 The FAC alleges that Plaintiff had an insurance policy for the period of May 20, 22 2018 to May 20, 2019 (the “Policy”) that covered damage to certain real property in San 23 Diego, California. On December 28, 2018, the insured property allegedly suffered water 24 damage in excess of $100,000 caused by a malfunctioning toilet.…