Cabaccang v. Costco Wholesale Corp.

Moving party to give notice. 104 County of Orange v. Nautilus Insurance Co., 2026-01547503 Motion for Leave to File Amended Complaint – GRANTED Motion for Judgment on the Pleadings – DENIED AS MOOT

Plaintiff County of Orange moves for leave to file a first amended complaint against defendant Nautilus Insurance Company. Plaintiff is suing Defendant for failing to defend Plaintiff in a prior personal injury suit filed by Miguel Angel Moran regarding an incident that occurred on January 1, 2022 at or near the sidewalk located at 1928 S. Grand Avenue, Santa Ana. Plaintiff leases the subject property from the owner, Centurion Partners Santa Ana, LLC.

After filing the action, Defendant informed Plaintiff that even though Plaintiff is named an additional insured under the landlord’s CGL insurance policy, the address set forth on the endorsement is 888 N. Main Street, Suite 159, Santa Ana. Plaintiff argues that this mistake was made by either or both the landlord and Defendant, and that Plaintiff was never notified of the mistake. Once Plaintiff was advised of Defendant’s position, it filed the instant motion for leave to amend to seek reformation to change the address on the endorsement to the correct address.

Defendant argues the motion for leave to amend should be denied because it is barred by the statute of limitations, as the policy was entered into on or around February 23, 2021 and Plaintiff did not file this action until February 11, 2026. Defendant further argues that the additional claim for breach of the implied covenant of good faith and fair dealing is unnecessary and duplicative of the bad faith claim in the original pleading. Defendant contends that these defects cannot be cured by any further amendment.