Nature of Proceedings: Judgment on the Pleadings

TENTATIVE RULING:

For the reasons set forth herein, the motion of defendant Brown & Brown Insurance Services for judgment on the pleadings is granted without leave to amend.

Background:

This is an insurance coverage dispute. Plaintiff Start, Inc. (Start) operated a cannabis nursery business at a 55,000 square-foot greenhouse in Carpinteria, California. (Second Amended Complaint [SAC], ¶ 11.) Start grew “mother plants” from which it harvested “clones” to sell to cannabis farmers throughout California. (SAC, ¶¶ 8-10.) During the Thomas Fire in December 2017, Start lost 830 mother plants when soot and ash from the fire infiltrated the greenhouse, contaminating the plants. (SAC, ¶ 14.) On January 9, 2018, heavy rain and high winds damaged the retractable shade-cloth and the greenhouse ridge vents, resulting in dramatically increased heat and humidity inside the greenhouse, which c........