Ruiz Food Products, Inc. v. Catlin Underwriting, U.S., Inc. et al

Filing 25

ORDER DENYING defendant Under Writers at Lloyd's Motion to Dismiss and GRANTING Defendant's Catlin UnderWriting Agency U.S.'s Motion to Dismiss signed by Judge Oliver W. Wanger on 8/5/2011. (Kusamura, W)

1
2
3
4
5
6
7

RICHARD C. CROSSMAN, #047630
MICHAEL L. RENBERG, #136217
PARICHAN, RENBERG & CROSSMAN
LAW CORPORATION
1540 East Shaw Avenue, Suite 123
Fresno, California 93710
Telephone [phone]
Facsimile [phone]
Attorney for Plaintiff
RUIZ FOOD PRODUCTS, INC.

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

2350 WEST SHAW, SUITE 130
FRESNO, CALIFORNIA 93711-3412
TELEPHONE [phone]

PARICHAN, RENBERG & CROSSMAN
LAW CORPORATION

10
11
12

RUIZ FOOD PRODUCTS, INC., a California
Corporation

13
14
15
16
17
18

Case No.: 1:11-CV-00889-OWW-DLB
ORDER DENYING DEFENDANT
CERTAIN UNDERWRITERS AT
LLOYD’S MOTION TO DISMISS AND
GRANTING DEFENDANT CATLIN
UNDERWRITING AGENCY U.S.'S
MOTION TO DISMISS

Plaintiff,
vs.
CATLIN UNDERWRITING U.S., INC.;
CERTAIN UNDERWRITERS AT LLOYD’S
LONDON SUBSCRIBING TO POLICY NO.
PCI937441010, and DOES 1-200, inclusive

Date: August 1, 2011
Time: 10:00 a.m.
Courtroom of Hon. Oliver W. Wanger

Defendants

19
20
21

On August 1, 2011, the motion of Defendant Certain Underwriters at Lloyd’s Subscribing to

22

Policy No. PCI937441010 (hereinafter “Catlin Syndicate”) for dismissal of the complaint filed by

23

Plaintiff Ruiz Food Products, Inc. pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure

24

came on for hearing. Also set for hearing on August 1, 2011 was the motion to dismiss of

25

Defendant Catlin Underwriting Agency U.S., Inc. (Catlin Underwriting).

26
27

Appearing for Plaintiff Ruiz Food Products was Michael L. Renberg. Appearing for
Defendant Catlin Syndicate was Ryan H. Opgenorth.

28
-1-

ORDER ON DEFENDANTS' MOTIONS TO DISMISS

1

The court, having reviewed the moving papers, opposition papers and reply papers

2

submitted by the parties, and providing the parties an opportunity to be heard, and having issued

3

a memorandum decision, enters the follow order:

4

1.

The motion of Defendant Catlin Syndicate to dismiss Plaintiff’s complaint is

5

DENIED.

Federal Rules of Civil Procedure allow a plaintiff to generally allege that all

6

conditions precedents have occurred or been performed.

7

includes allegations in paragraph 22 and 26 that it has performed all obligations required to be

8

performed under the terms of the policy and that Defendant had refused to pay benefits owed

9

pursuant to the subject insurance policy.

The complaint filed by Plaintiff

Such allegations meet the requirements of Rule

2350 WEST SHAW, SUITE 130
FRESNO, CALIFORNIA 93711-3412
TELEPHONE [phone]

PARICHAN, RENBERG & CROSSMAN
LAW CORPORATION

10

12(b)(6) that the complaint contain sufficient factual matters, accepted as true, to state a claim

11

for relief that is plausible on its face.

12

2.

The motion of Defendant Catlin Underwriting to dismiss Plaintiff’s complaint is

13

GRANTED, without prejudice.

14

without prejudice.

15

3.

16

Plaintiff stipulated to the dismissal of Catlin Underwriting

Defendant Catlin Syndicate is to file an answer to the complaint 14 days after

entry of this order.

17
18
19

IT IS SO ORDERED.

20

Dated:

August 5, 2011

/s/ Oliver W. Wanger

21

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

22

emm0d64h

23
24
25
26
27
28
-2-

ORDER ON DEFENDANTS' MOTIONS TO DISMISS