philadelphia indemnity insurance company, Plaintiff, v. 38700 10TH STREET EAST, LLC, and CSE SAFEGUARD INSURANCE COMPANY, Defendants.

Case No.: 19STCV31707

Hearing Date: July 1, 2020

[TENTATIVE] order RE:

CSE’s Motion for summary judgment or, alternatively summary adjudication

Background

A. Complaint

Plaintiff Philadelphia Indemnity Insurance Company (Philadelphia) commenced this action against Defendants 38700 10th Street East, LLC (38700) and CSE Safeguard Insurance Company (CSE) (collectively, Defendants) on September 5, 2019. The Complaint asserts causes of action for (1) declaratory relief against 38700 — no duty to indemnify, (2) declaratory relief against Defendants — no coverage for attorney fees, and (3) equitable indemnity against 38700. The Complaint alleges in pertinent part as follows.

On March 28, 2017, 43 tenants residing in an apartment building known as the Royal Palms Apartments brought a lawsuit against 38700, the apartment owner, in Los Angeles Superior Cour