McMillin Homes Construction, Inc. v. Lexington Insurance Company

I. INTRODUCTION

20 Pending before the Court is Defendant Lexington Insurance Company’s 21 (“Defendant” or “Lexington”) motion to dismiss the complaint. (ECF No. 8). The motion 22 has been fully briefed. (ECF Nos. 8, 16, 17). Having considered the parties’ submissions, 23 the Court DENIES Defendant’s motion to dismiss Plaintiff’s complaint.

II. PROCEDURAL BACKGROUND

25 Plaintiff McMillin Homes Construction, Inc. (“MHC” or “Plaintiff”) brought a civil 26 action against various defendants on October 4, 2019 in the Superior Court of the State of 27 28 California, County of San Diego (“Superior Court”). (ECF No. 1 at 1-2). Plaintiff later filed its First Amended Complaint on December 5, 2019. (ECF No. 1-2 at 13). On January 2, 2020, Defendant removed the instant matter from Superior Court to this Court. (ECF Nos. 1 to 4). A week later, Defendant subsequently filed a motion to dismiss the complaint for failure to state a claim, along with a request for judicial notice. (ECF Nos. 8, 9). MHC filed an opposition to Defendant’s motion to dismiss on February 3, 2020, (ECF No. 16), to which Defendant filed a reply, accompanied by a request…