Opinion
Case No.: 1:11-CV-00889-OWW-DLB
08-05-2011
RUIZ FOOD PRODUCTS, INC., a California Corporation Plaintiff, v. CATLIN UNDERWRITING U.S., INC.; CERTAIN UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO POLICY NO. PCI937441010, and DOES 1-200, inclusive Defendants
RICHARD C. CROSSMAN, #047630 MICHAEL L. RENBERG, #136217 PARICHAN, RENBERG & CROSSMAN LAW CORPORATION Attorney for Plaintiff RUIZ FOOD PRODUCTS, INC.
RICHARD C. CROSSMAN, #047630
MICHAEL L. RENBERG, #136217
PARICHAN, RENBERG & CROSSMAN
LAW CORPORATION
Attorney for Plaintiff
RUIZ FOOD PRODUCTS, INC.
ORDER DENYING DEFENDANT
CERTAIN UNDERWRITERS AT
LLOYD'S MOTION TO DISMISS AND
GRANTING DEFENDANT CATLIN
UNDERWRITING AGENCY U.S.'S
MOTION TO DISMISS
Time: 10:00 a.m.
Courtroom of Hon. Oliver W. Wanger
On August 1, 2011, the motion of Defendant Certain Underwriters at Lloyd's Subscribing to Policy No. PCI937441010 (hereinafter "Catlin Syndicate") for dismissal of the complaint filed by Plaintiff Ruiz Food Products, Inc. pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure came on for hearing. Also set for hearing on August 1, 2011 was the motion to dismiss of Defendant Catlin Underwriting Agency U.S., Inc. (Catlin Underwriting).
Appearing for Plaintiff Ruiz Food Products was Michael L. Renberg. Appearing for Defendant Catlin Syndicate was Ryan H. Opgenorth.
The court, having reviewed the moving papers, opposition papers and reply papers submitted by the parties, and providing the parties an opportunity to be heard, and having issued a memorandum decision, enters the follow order:
1. The motion of Defendant Catlin Syndicate to dismiss Plaintiff's complaint is DENIED. Federal Rules of Civil Procedure allow a plaintiff to generally allege that all conditions precedents have occurred or been performed. The complaint filed by Plaintiff includes allegations in paragraph 22 and 26 that it has performed all obligations required to be performed under the terms of the policy and that Defendant had refused to pay benefits owed pursuant to the subject insurance policy. Such allegations meet the requirements of Rule 12(b)(6) that the complaint contain sufficient factual matters, accepted as true, to state a claim for relief that is plausible on its face.
2. The motion of Defendant Catlin Underwriting to dismiss Plaintiff's complaint is GRANTED, without prejudice. Plaintiff stipulated to the dismissal of Catlin Underwriting without prejudice.
3. Defendant Catlin Syndicate is to file an answer to the complaint 14 days after entry of this order.
IT IS SO ORDERED.
Oliver W. Wanger
UNITED STATES DISTRICT JUDGE