Legal Opinion
Sierra Pacific Industries v. American States Insurance
District Court, E.D. California
Decided August 1, 2012No. 2:11-cv-00346-MCE-JFMPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MORRISON C. ENGLAND, JR., District Judge.
Before the Court is Plaintiff/Counterdefendant Sierra Pacific Industries’ (“Sierra”) Motion to Dismiss (“MTD”) Defendant/Counterclaimant American States Insurance Company’s (“ASIC”) Second Claim for Relief in its Counterclaim.1 (ECF No. 26.) Also before the Court is *970Sierra’s Motion for Judgment on the Pleadings.2 (ECF No. 27.) For the reasons that follow, both the Motion to Dismiss and the Motion for Judgment on the Pleadings are denied.
BACKGROUND3
This lawsuit is based on Sierra’s contention that ASIC breached its contractual duty…
2Cases cited26 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Foman v. DavisSupreme Court of the United States · 1962
- Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
- Lee v. City Of Los AngelesCourt of Appeals for the Ninth Circuit · 2001
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3Cited by3 opinions
- Lennar Mare Island, LLC v. Steadfast InsuranceDistrict Court, E.D. California · 2015
- Travelers Indemnity Company of Connecticut v. NewlinDistrict Court, S.D. California · 2020
- Williams v. SessionsDistrict Court, District of Columbia · 2018