United States District Court, D. Nevada
FARMERS INSURANCE EXCHANGE for Itself and as subrogee of its insured DOREEN FILOMENA, Plaintiffs,
LG ELECTRONICS USA, INC., et al., Defendants.
before the court is third-party defendant LG Electronics USA,
Inc.'s ("LG") motion to dismiss third-party
plaintiff Best Buy Stores, L.P.'s ("Best Buy")
third-party complaint. (ECF No. 49). Best Buy filed a
response (ECF No. 52), to which LG replied (ECF No. 65).
instant dispute arises from a home fire allegedly caused by a
dryer manufactured by LG and sold by Best Buy. Plaintiff
Farmers Insurance Exchange ("Farmers") insured the
property at issue, which is owned by Doreen Filomena. (ECF
No. 1-2). Farmers filed suit for itself and as subrogee of
its insured, Ms. Filomena. (ECF No. 1-2).
Filomena purchased the LG dryer from Best Buy, as well as a
four-year warranty for the dryer. (ECF No. 1-2). Penn-Ridge
Transportation, Inc. ("Penn-Ridge"), Best Buy's
subcontractor, delivered and allegedly installed the dryer.
(ECF No. 1-2). Subsequently, the dryer and/or its attached
power cord failed and cause a fire at the property. (ECF No.
Filomena submitted an insurance claim to Farmers, incurring a
deductible in the amount of $1, 000.00, which Farmers seeks
to recover on Ms. Filomena's behalf. (ECF No. 1-2).
Farmers paid approximately $214, 145.48 on Ms. Filomena's
claim. (ECF No. 1-2).
filed the original complaint in state court on June 22, 2015,
which defendants removed on July 21, 2015. (ECF No. 1). In
its complaint, Farmers alleges five causes of action: (1)
breach of contract against Best Buy; (2) negligent hiring
against Best Buy; (3) negligence against Best Buy; (4) strict
products liability against LG; and (5) negligent products
liability against LG. (ECF No. 1-2).
April 13, 2016, the court entered an order granting LG's
emergency motion for determination of good faith settlement
between Farmers and LG, wherein LG agreed to pay $9, 000.00
to Farmers in exchange for Farmers dismissing its claims
against LG with prejudice. (ECF No. 39).
16, 2016, Best Buy filed a third-party complaint alleging
five causes of action: (1) equitable and implied indemnity
against Penn-Ridge; (2) contractual, express indemnity
against Penn-Ridge; (3) contribution against Penn-Ridge; (4)
apportionment against Penn-Ridge; and (5) contractual,
express indemnity against LG. (ECF No. 44).
December 12, 2016, the court granted a stipulation of
dismissal of Farmers's claims against LG with prejudice
pursuant to their settlement agreement. (ECF Nos. 39, 74).
instant motion, LG moves to dismiss Best Buy's
third-party complaint, which seeks indemnity against it,
pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF
may dismiss a complaint for "failure to state a claim
upon which relief can be granted." Fed.R.Civ.P.
12(b)(6). A properly pled complaint must provide "[a]
short and plain statement of the claim showing that the
pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2);
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555
(2007). While Rule 8 does not require detailed factual
allegations, it demands "more than labels and
conclusions" or a "formulaic recitation of the
elements of a cause of action." Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).
allegations must be enough to rise above the speculative
level." Twombly, 550 U.S. at 555. Thus, to
survive a motion to dismiss, a complaint must contain
sufficient factual matter to "state a claim to relief
that is plausible on its face." Iqbal, 556 U.S.
662, 678 (citation omitted).
Iqbal, the Supreme Court clarified the two-step
approach district courts are to apply when considering
motions to dismiss. First, the court must accept as true all
well-pled factual allegations in the complaint; however,
legal conclusions are not entitled to the assumption of
truth. Id. at 678-79. Mere recitals of the ...