Travelers Indemnity Company of Connecticut et al v. KB Home North Bay, Inc. et al

Filing 21

ORDER signed by Senior Judge William B. Shubb on 8/12/2015 DENYING 13 KB Home's Motion to Dismiss Plaintiffs Equitable Reimbursement Claim. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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TRAVELERS INDEMNITY COMPANY
OF CONNECTICUT, a Connecticut
corporation, and TRAVELERS
PROPERTY CASUALTY COMPANY OF
AMERICA, a Connecticut
corporation,

CIV. NO. 2:15-00755 WBS EFB
ORDER RE: MOTION TO DISMISS
PLAINTIFFS’ CLAIM FOR EQUITABLE
REIMBURSEMENT

Plaintiffs,

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v.
KB HOME NORTH BAY, INC., a
California corporation; KB
HOME SACRAMENTO, INC., a
California corporation; and
DOES 1 through 10, inclusive,
Defendants.

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----oo0oo----

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Plaintiffs Travelers Indemnity Company of Connecticut

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and Travelers Property Casualty Company of America brought this

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action against their insured, defendant KB Home Sacramento, Inc.

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(“KB”)1 for declaratory relief, breach of contract, and equitable

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reimbursement.

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equitable reimbursement claim pursuant to Federal Rule of Civil

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Procedure 12(b)(6) on the basis that the claim is not ripe.

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KB now moves to dismiss only plaintiffs’

Since defendant is not asking the court to dismiss

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plaintiff’s declaratory relief claim, the court sees no reason

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why plaintiffs cannot proceed on their equitable reimbursement

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claim at the same time.

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declaratory relief claim, making a determination as to whether

Once the court adjudicates plaintiffs’

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plaintiffs have a duty to defend KB, plaintiffs’ equitable

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reimbursement claim for defense costs will be ripe.

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IT IS THEREFORE ORDERED that KB’s motion to

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dismiss plaintiffs’ equitable reimbursement claim be, and the

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same hereby is, DENIED.

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Dated:

August 12, 2015

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According to defendant, plaintiff erroneously sued KB
Home North Bay, Inc., which is defendant’s former trade name.
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