On September 02, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Clean Initiative Llc,
and
California Automobile Insurance Company,
Does 1 Through 10, Inclusive,
Mercury Insurance Services, Llc,
for Other non-PI/PD/WD Tort Unlimited
in the District Court of San Bernardino County.
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Cfl‘fig “Ju‘x-
\{L
Christopher P. Wesierski [Bar No. 086736]
cwesierski@wzllp. com
H. Kim [Bar No. 198327]
Ma?m Wzllgwm
F i l E D
21 1 139] VSAN
Clcaxcofiuaradouivaglgchagnle' BER‘NX‘RDEGE;numeric???
WESIERS & ZUREK LLP
29 Orchard Road MAR 32 2323
Lake Forest, California 92630
©W\l¢\UI£MNH
Telephone: (949) 975-1000
Facmmile: (949) 756-05 17 8‘7:
W"P PAOLAIN: UE
f,
Deputy
Attorneys for Defendant, CALIFORNIA
AUTOMOBILE INSURANCE COMPANY,
erroneously sued as MERCURY
INSURANCE SERVICES, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT
LLP
92630
ZUREK ROAD
CLEAN INITIATIVE LLC, Case No. CIVSB2219371
OOO
CALIFORNIA
l
8c LAWYERS
5-
97
Plaintiff, DEFENDANT CALIFORNIA
ORCHARD
AUTOMOBILE INSURANCE
FOREST.
(949)
VS. COMPANY'S NOTICE OF
WESIERSKI
29
DEMURRER AND DEMURRER TO
LAKE
MERCURY INSURANCE SERVICES, PLAINTIFF'S FIRST AMENDED
LLC., and DOES 1 through 10, inclusive, COMPLAINT; MEMORANDUM OF
POINTS & AUTHORITIES IN
Defendant. SUPPORT; DECLARATION OF
MARY H. KIM
NNNNNNNNNHHHHHHHHHp—t
wanIthhcwmu¢UIAwNH©
Filed concurrently with [Proposed] Order
Date: May 8, 2023
Time: 8:30 a.m.
Dept: S31
Action Filed: 09/02/2022
Trial Date: None Set
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that 0n May 8, 2023, at 8:30 a.m. 0r as soon thereafter as
this matter may be heard in Department S31 of the above—entitled court, located at 247 West
Third Street, San Bernardino, CA 92415, Defendant CALIFORNLA AUTOMOBILE
INSURANCE COMPANY, erroneously sued as MERCURY INSURANCE SERVICES,
1
11818673-1 MER-5174 DEFENDANT'S NOTICE OF DEMURRER AND DEMURRER TO
PLAINTIFF'S FIRST AMENDED COMPLAINT
LLC ("Defendant") will, and hereby does, demur t0 the First Amended Complaint filed by
Plaintiff CLEAN INITIATIVE LLC ("Plaintiff').
Defendant has complied with the requirements ofCode osz'vil Procedure § 430.41.
See Declaration ofMary H. Kim, Esq., attached hereto.
\OWQQUIAUJNH
Specifically, Defendant demurs as follows:
1. The first cause of action for breach of contract on the grounds that the cause
of action is uncertain. (Code ofCivz'l Procedure §§ 430.10(f).);
2. The second cause of action for Tortious Bad Faith; Breach 0f Implied
Covenant 0f Good Faith and Fair Dealing on the grounds that Plaintiff has not alleged
sufficient facts to establish a cause of action, and Plaintiff lacks standing. (Code of Civil
Procedure §§ 430.10(e)); and
LLP
92630
3. The second cause 0f action for Tortious Bad Faith; Breach of Implied
ZUREK ROAD
Covenant 0f Good Faith and Fair Dealing 0n the grounds that the cause 0f action is uncertain.
OOO
CALIFORNIA
8c LAWYERS
9751
(Code osz'vil Procedure §§ 430.10(f).)
ORCHARD
(949)
FOREST,
This Demurrer Will be based upon this Notice, the Demurrer, the attached
29
WESIERSKI
LAKE
Memorandum 0f Points and Authorities, the Declaration of Mary H. Kim, the First
Amended Complaint 0n file herein, the pleadings and files contained within the court file
and such and documentary evidence as may be presented
NNNNNNNNNHl—IHHt—tt—Iv—IHHH
in this matter, oral at the time of
the hearing 0f this matter.
ooanUIthr—tcoooanI&UJNHO
DATED: March 22, 2023 WESIERSKI & ZUREK LLP
By:
%7ߣ/2~_>
CHRISTOPHER P. WESIERSKI
MARY H. KIM
CLAUDIA MOURAD
Attorneys for Defendant, CALIFORNIA
AUTOMOBILE INSURANCE COMPANY,
erroneously sued as MERCURY
INSURANCE SERVICES, LLC
2
“8186734 MER'5174 DEFENDANT'S NOTICE OF DEMURRER AND DEMURRER TO
PLAINTIFF'S FIRST AMENDED COMPLAINT
Document Filed Date
March 22, 2023
Case Filing Date
September 02, 2022
Category
Other non-PI/PD/WD Tort Unlimited
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Preview
HEW!“ t3! Cfl‘fig “Ju‘x- \{L Christopher P. Wesierski [Bar No. 086736] cwesierski@wzllp. com H. Kim [Bar No. 198327] Ma?m Wzllgwm F i l E D 21 1 139] VSAN Clcaxcofiuaradouivaglgchagnle' BER‘NX‘RDEGE;numeric??? WESIERS & ZUREK LLP 29 Orchard Road MAR 32 2323 Lake Forest, California 92630 ©W\l¢\UI£MNH Telephone: (949) 975-1000 Facmmile: (949) 756-05 17 8‘7: W"P PAOLAIN: UE f, Deputy Attorneys for Defendant, CALIFORNIA AUTOMOBILE INSURANCE COMPANY, erroneously sued as MERCURY INSURANCE SERVICES, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT LLP 92630 ZUREK ROAD CLEAN INITIATIVE LLC, Case No. CIVSB2219371 OOO CALIFORNIA l 8c LAWYERS 5- 97 Plaintiff, DEFENDANT CALIFORNIA ORCHARD AUTOMOBILE INSURANCE FOREST. (949) VS. COMPANY'S NOTICE OF WESIERSKI 29 DEMURRER AND DEMURRER TO LAKE MERCURY INSURANCE SERVICES, PLAINTIFF'S FIRST AMENDED LLC., and DOES 1 through 10, inclusive, COMPLAINT; MEMORANDUM OF POINTS & AUTHORITIES IN Defendant. SUPPORT; DECLARATION OF MARY H. KIM NNNNNNNNNHHHHHHHHHp—t wanIthhcwmu¢UIAwNH© Filed concurrently with [Proposed] Order Date: May 8, 2023 Time: 8:30 a.m. Dept: S31 Action Filed: 09/02/2022 Trial Date: None Set TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that 0n May 8, 2023, at 8:30 a.m. 0r as soon thereafter as this matter may be heard in Department S31 of the above—entitled court, located at 247 West Third Street, San Bernardino, CA 92415, Defendant CALIFORNLA AUTOMOBILE INSURANCE COMPANY, erroneously sued as MERCURY INSURANCE SERVICES, 1 11818673-1 MER-5174 DEFENDANT'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT LLC ("Defendant") will, and hereby does, demur t0 the First Amended Complaint filed by Plaintiff CLEAN INITIATIVE LLC ("Plaintiff'). Defendant has complied with the requirements ofCode osz'vil Procedure § 430.41. See Declaration ofMary H. Kim, Esq., attached hereto. \OWQQUIAUJNH Specifically, Defendant demurs as follows: 1. The first cause of action for breach of contract on the grounds that the cause of action is uncertain. (Code ofCivz'l Procedure §§ 430.10(f).); 2. The second cause of action for Tortious Bad Faith; Breach 0f Implied Covenant 0f Good Faith and Fair Dealing on the grounds that Plaintiff has not alleged sufficient facts to establish a cause of action, and Plaintiff lacks standing. (Code of Civil Procedure §§ 430.10(e)); and LLP 92630 3. The second cause 0f action for Tortious Bad Faith; Breach of Implied ZUREK ROAD Covenant 0f Good Faith and Fair Dealing 0n the grounds that the cause 0f action is uncertain. OOO CALIFORNIA 8c LAWYERS 9751 (Code osz'vil Procedure §§ 430.10(f).) ORCHARD (949) FOREST, This Demurrer Will be based upon this Notice, the Demurrer, the attached 29 WESIERSKI LAKE Memorandum 0f Points and Authorities, the Declaration of Mary H. Kim, the First Amended Complaint 0n file herein, the pleadings and files contained within the court file and such and documentary evidence as may be presented NNNNNNNNNHl—IHHt—tt—Iv—IHHH in this matter, oral at the time of the hearing 0f this matter. ooanUIthr—tcoooanI&UJNHO DATED: March 22, 2023 WESIERSKI & ZUREK LLP By: %7fl£/2~_> CHRISTOPHER P. WESIERSKI MARY H. KIM CLAUDIA MOURAD Attorneys for Defendant, CALIFORNIA AUTOMOBILE INSURANCE COMPANY, erroneously sued as MERCURY INSURANCE SERVICES, LLC 2 “8186734 MER'5174 DEFENDANT'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT