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FedEx Office & Print Servs. v. Cont'l Cas. Co.

FedEx Office & Print Servs. v. Cont'l Cas. Co.

United States District Court for the Central District of California

October 20, 2020, Decided; October 20, 2020, Filed

CV 20-4799-MWF (AGRx)

Opinion

CIVIL MINUTES—GENERAL

Proceedings (In Chambers): ORDER RE: DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS [25]; PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT [28]

Before the Court are two motions:

The first is Defendant Continental Casualty Company's ("Continental") Motion for Judgment on the Pleadings (the "MJP"), filed on September 11, 2020. (Docket No. 25). Plaintiff FedEx Office and Print Services, Inc. ("FedEx") filed an opposition (the "MJP Opp.") on September 28, 2020. (Docket No. 33). Continental filed a reply (the "MJP Reply") on October 5, 2020. (Docket No. 34).

The second is FedEx's Motion for Partial Summary Judgment (the "MSJ"), filed on September 11, 2020. (Docket [*2]  No. 28). Continental filed an opposition (the "MSJ Opp.") on September 28, 2020. (Docket No. 32). FedEx filed a reply (the "MSJ Reply") on October 5, 2020. (Docket No. 35).

The Court has read and considered the papers filed in connection with the motions and held a telephonic hearing on October 19, 2020, pursuant to General Order 20-09 arising from the COVID-19 pandemic.

For the reasons stated below, the Motion for Judgment on the pleadings is DENIED and the Motion for Summary Judgment is GRANTED. FedEx is entitled to judgment as a matter of law on the breach of contract claim, as the insurance policy covers claims arising from the performance of professional services and services related thereto, which encompasses the mishandling of credit card information by FedEx's self-service kiosks.

I. BACKGROUND

FedEx initiated this action on May 29, 2020, asserting two claims against Continental: (1) breach of contract, and (2) breach of the implied covenant of good faith and fair dealing. (See Complaint (Docket No. 1)). The parties agree that there are no facts in dispute. (See Statement of Genuine Dispute of Material Fact "SDF" (Docket No. 32-1)).

A. FedEx Services and Kiosks

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2020 U.S. Dist. LEXIS 219861 *

FedEx Office and Print Services, Inc. v. Continental Casualty Company

CORE TERMS

professional services, printing, Insured, kiosk, pleadings, coverage, good faith, copying, summary judgment, wrongful act, scanning, cases, fair dealing, customers, billing, entitled to judgment, motion for judgment, insurance policy, credit card, allegations, violations, faxing, breach of the implied covenant, breach of contract claim, breach of contract, render a service, matter of law, self-service, software, motions