California Marine Cleaning, Inc. v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CALIFORNIA MARINE Case No.: 22-cv-741-LAB-BLM

CLEANING, INC.,

ORDER

Plaintiff, 13 v. 1) DENYING MOTION TO 14 DISMISS, [Dkt. 9]; and

UNITED STATES OF AMERICA,

15 through the DEPARTMENT OF 2) GRANTING IN PART AND THE NAVY,

DENYING IN PART

Defendant. REQUEST FOR JUDICIAL NOTICE, [Dkt. 12-1]

Plaintiff California Marine Cleaning, Inc. (“Cal Marine”) sued the United States, through the Department of the Navy (the “Navy”), in connection with the July 2020 fire aboard the USS Bonhomme Richard (“BHR”), which at the time of the fire was pier-side at Naval Base San Diego. Cal Marine alleges that the Navy failed to take reasonable care in fire safety, prevention, and suppression aboard the ship, and is liable for damages stemming from its negligent actions. The suit invokes the Public Vessels Act (“PVA”), 46 U.S.C. §§ 31101, et seq., and the Suits in Admiralty Act (“SIAA”), 46 U.S.C. §§ 30901, et seq. The United States…