District Court, E.D. California August 1, 2012, No. 2:11-cv-00346-MCE-JFM (Sierra Pacific Industries v. American States Insurance)

MEMORANDUM AND ORDER

MORRISON C. ENGLAND, JR., District Judge.

Before the Court is Plaintiff/Counterdefendant Sierra Pacific Industries’ (“Sierra”) Motion to Dismiss (“MTD”) Defendant/Counterclaimant American States Insurance Company’s (“ASIC”) Second Claim for Relief in its Counterclaim.1 (ECF No. 26.) Also before the Court is *970Sierra’s Motion for Judgment on the Pleadings.2 (ECF No. 27.