Balcal Construction, Inc. v. Berkley Assurance Company

Summary

The United States District Court for the Northern District of California partially granted and partially denied Berkley Assurance Company’s motion to dismiss. The court dismissed claims against Verus Specialty Insurance based on the plaintiff’s non-opposition but denied dismissal of the punitive-damages request against Berkley Assurance Company, discharged the order to show cause, and vacated the hearing.

Holdings

1. The claims against Verus Specialty Insurance were dismissed because Plaintiff did not oppose the requested dismissal.
2. A request for punitive damages provides no basis for dismissal under Rule 12(b)(6); the motion was therefore denied insofar as it sought dismissal of the punitive-damages request against Berkley Assurance Company.

Questions Presented

1. Whether the claims against Verus Specialty Insurance should be dismissed in light of Plaintiff's non-opposition.
2. Whether the request for punitive damages against Berkley Assurance Company provided a basis for dismissal under Rule 12(b)(6).

Disposition

other