Citizens Insurance Company of America v. Chief Digital Advisors

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 CITIZENS INSURANCE COMPANY Case No.: 20-cv-1075-MMA (AGS)

OF AMERICA,

ORDER DENYING PLAINTIFF’S

Plaintiff, MOTION TO DISMISS, OR IN THE v. ALTERNATIVE TO STRIKE, THE

FIFTH AND SIXTH

CHIEF DIGITAL ADVISORS, et al., COUNTERCLAIMS Defendants. 15 [Doc. No. 22] 16 CATHY PARKES, et al., 17 Counter Claimants, 18 v.

CITIZENS INSURANCE COMPANY

OF AMERICA,

21 Counter Defendant.

23 On June 12, 2020, Citizens Insurance Company of America (“CICA”) filed a 24 complaint against Chief Digital Advisors (“CDA”), Cathy Parkes (“Parkes”) d/b/a Level 25 Up RN, and Assessment Technologies Institute, LLC (“ATI”). See Doc. No. 1 26 (“Compl.”). CICA seeks a declaratory judgment that it has no duty to indemnify Parkes 27 in an action pending in the United States District Court for the District of Kansas (the 28 “Kansas Action”). See Case No. 19-CV-2514-JAR-KGG. In response, Defendants filed a Countercomplaint against CICA and The…