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United States District Court for the Central District of California
January 20, 2021, Decided; January 20, 2021, Filed
CV 20-4699-DMG (GJSx)
Proceedings: IN CHAMBERS—ORDER RE DEFENDANT TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA'S MOTION TO DISMISS 
Before the Court is the Motion to Dismiss ("MTD") filed by Defendant Travelers Property Casualty Company of America (erroneously sued as The Travelers Indemnity Company) ("Travelers"). [Doc. # 12.] Plaintiff Pez Seafood DTLA, LLC filed a First Amended Complaint ("FAC") in Los [*2] Angeles County Superior Court on May 20, 2020 against Defendants Travelers, Muntu Davis, and Does 1-25, bringing the following causes of action: (1) declaratory relief, (2) breach of contract, and (3) breach of the implied covenant of good faith and fair dealing. [Doc. # 1-2.] On May 27, 2020, Travelers removed the action to this Court on the basis of diversity jurisdiction. [Doc. # 1.]
On June 3, 2020, Travelers filed the instant MTD. The motion has since been fully briefed. Opp. [Doc. # 30]; Reply [Doc. # 33]. While the motion was under submission, the parties filed numerous notices of supplemental authority, all of which have been considered. [Doc. ## 32, 37, 40, 42-51.] Having duly considered the parties' written submissions, the Court GRANTS Travelers' MTD with prejudice.
In support of its Opposition, Plaintiff seeks judicial notice of: (1) correspondence between Travelers and the Department of Insurance related to a March 8, 2007 Application for Approval of Insurance Rates; (2) Travelers Casualty Insurance Company of America's Answer to an Amended Complaint in Natty Greene's Brewing Co., LLC v. Traveler's Casualty Insurance Co., No. 1:20-cv-00437 (M.D.N.C. May [*3] 15, 2020), ECF No. 40; and (3) a Resolution of the Los Angeles County Board of Supervisors adopted on April 14, 2020. Request for Judicial Notice ("RJN") [Doc. # 31].
Federal Rule of Evidence 201 permits a court to take judicial notice of facts that "can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned." Fed. R. Evid. 201(b). Courts may take notice of government documents obtained from reliable sources. See U.S. ex rel. Modglin v. DJO Glob. Inc., 48 F. Supp. 3d 1362, 1381 (C.D. Cal. 2014), aff'd sub nom. United States v. DJO Glob., Inc., 678 F. App'x 594 (9th Cir. 2017); Reyn's Pasta Bella, LLC v. Visa USA, Inc., 442 F.3d 741, 746 n.6 (9th Cir. 2006) (courts may take notice of matters of public record); Retired Emps. Ass'n of Orange Cty., Inc. v. County of Orange, 632 F. Supp. 2d 983, 985 (C.D. Cal. 2009), remanded to No. SACV 07-1301 AG (MLGx), 2012 U.S. Dist. LEXIS 146637, 2012 WL 12950389 (C.D. Cal. Aug. 13, 2012) (taking judicial notice of a county board resolution).
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2021 U.S. Dist. LEXIS 11507 *; 2021 WL 234355
Pez Seafood DTLA, LLC v. The Travelers Indemnity Company, et al.
coverage, Travelers, physical loss, virus, Orders, civil authority, insured property, restaurant, premises, cause of loss, property damage, business income, courts, food, declaratory relief, motion to dismiss, judicial notice, pandemic, alleges, induced, argues, cause of action, suspension, customers, documents, trigger, losses
Evidence, Judicial Notice, Adjudicative Facts, Facts Generally Known, Verifiable Facts, Scientific & Technical Facts, Judicial Records, Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Pleadings, Complaints, Requirements for Complaint, Insurance Law, Policy Interpretation, Ambiguous Terms, Coverage Favored, Unambiguous Terms, Claim, Contract & Practice Issues, Ordinary & Usual Meanings, Question of Law, Claims Made Policies, Exclusions, Property Insurance, Coverage, Property Damage, Amendment of Pleadings, Leave of Court