UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BALCAL CONSTRUCTION, INC., Case No. 25-cv-02997-RFL Plaintiff, ORDER GRANTING IN PART AND Vv. DENYING IN PART MOTION TO DISMISS BERKLEY ASSURANCE COMPANY, et al., Re: Dkt. No. 7 Defendants.

The Court finds the matter suitable for determination without oral argument under Civil Local Rule 7-1(b), and the hearing set for June 3, 2025 is VACATED. In light of Plaintiff's non-opposition (Dkt. No. 19), Berkley Assurance Company’s Motion to Dismiss (Dkt. No. 7) is GRANTED as to the claims against Verus Specialty Insurance, and Verus is dismissed from the action. The motion is DENIED to the extent it seeks dismissal of the request for punitive damages against Berkeley Assurance, because “requests for punitive damages provide no basis for dismissal under Rule 12(b)(6).” Apple, Inc. v. Starr Surplus Lines Ins. Co., No. 24-cv-03738- RFL,

, at *1 (N.D. Cal. Nov. 18, 2024) (quoting Muldoon v. DePuy Orthopaedics, Inc., No. 15-cv-02723-PJH,

, at *15 (N.D. Cal. July 23, 2024)). The order to show cause (Dkt. No. 18) is DISCHARGED.

IT IS SO ORDERED. Dated: May 16, 2025 EE RITA F. LIN United States District Judge