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SOMERSET SOUTH PROPERTIES v. AMERICAN TITLE INS.

No. CV 94-223 H (POR).

873 F.Supp. 355 (1994)

SOMERSET SOUTH PROPERTIES, INC., a California corporation, Plaintiff, v. AMERICAN TITLE INSURANCE COMPANY, a Florida corporation; and Does 1 through 100, Inclusive, Defendants.

United States District Court, S.D. California.

November 10, 1994.

Attorney(s) appearing for the Case

Mark E. Stutzman, San Diego, CA, for plaintiff.

Ronald L. Styn and Jeffrey N. Garland, Styn & Garland, San Diego, CA, for defendants.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

HUFF, District Judge.

INTRODUCTION

The plaintiff brought this action in federal court, pursuant to 28 U.S.C. § 1332, alleging claims for breach of the covenant of good faith and fair dealing, breach of contract, and for declaratory relief. The defendant now moves the court to dismiss the complaint. The defendant argues it had no potential duty to defend because the underlying action was limited...

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