Bank of Southern California, N.A. v. Everest National Insurance Company

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BANK OF SOUTHERN CALIFORNIA, Case No.: 22-CV-00737-GPC-RBB N.A., a California corporation;

SOUTHERN CALIFORNIA BANCORP, ORDER GRANTING DEFENDANT

a California corporation, EVEREST NATIONAL INSURANCE

COMPANY’S MOTION TO DISMISS

Plaintiffs,

THE THIRD CAUSE OF ACTION

v. AND WITH LEAVE TO AMEND

EVEREST NATIONAL INSURANCE [Dkt. No. 3.] COMPANY, a corporation; DOES 1 16 through 20, inclusive, 17 Defendants. 19 Presently before the Court is Defendant’s motion to dismiss with prejudice the third cause of action for specific performance under Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 3.) Plaintiffs filed an opposition and Defendant replied. (Dkt. Nos. 6, 7.) For the reasons set forth below, the Court GRANTS Defendant’s motion to dismiss the third cause of action under Rule 12(b)(6) with prejudice but GRANTS Plaintiffs leave to file an amended complaint. 26 / / / 27 / / / 28 …