Terra Nova Gas Station, Inc. et al v. Amco Insurance Company et al
| Terra Nova Gas Station, Inc. and Golden Sunrise Properties LLC |
| Amco Insurance Company, Allied Insurance Company and Does 1 to 100 |
| 3:2016cv01565 |
| June 21, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| David H. Bartick |
| Janis L. Sammartino |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing
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ORDER Granting 16 Motion for Judgment on the Pleadings. It is ordered that the Court grants defendants' Motion for Judgment on the Pleadings. Because the insurance contract specifically excludes coverage for the underlying cause of Plain tiffs' claims, no amendment will be able to cure Plaintiff's pleading defect. See Guebara v. Allstate Ins. Co., 237 F.3d 987, 992 (9th Cir. 2001) ("In order to establish a breach of the implied covenant of good faith and fair dealing under California law, a plaintiff must [first] show... benefits due under the policy were withheld...."). Accordingly, this Order concludes the litigation in this matter. Signed by Judge Janis L. Sammartino on 6/26/2017. (dxj)
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