Cross-Defendant Alba Elizabeth Granados’s Demurrer to the Cross-Complaint is OVERRULED.
Plaintiff and insurer State Farm Mutual Automobile Insurance Co. brought this subrogation action against Defendant Jesus Barajas, Jr. (“Barajas”) for alleged damages arising from a September 2, 2016 vehicle collision involving its insured Alba Elizabeth Granados (“Granados”). On January 5, 2018, Cross-Complainant Barajas (“Cross-Complainant”) filed a Cross-Complaint against Cross-Defendant Granados (“Cross-Defendant”), asserting causes of action for (1) indemnification, (2) declaratory relief, and (3) apportionment of fault.
On April 4, 2018, Cross-Defendant filed a Demurrer to the Cross-Complaint. On April 12, 2018, Cross-Complainant filed an opposition. On April 18, 2018, Cross-Defendant filed a reply.
Timeliness of Demurrer
“A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (Limited Jurisdiction)
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Cross-Defendant Alba Elizabeth Granados’s Demurrer to the Cross-Complaint is OVERRULED.
Plaintiff and insurer State Farm Mutual Automobile Insurance Co. brought this subrogation action against Defendant Jesus Barajas, Jr. (“Barajas”) for alleged damages arising from a September 2, 2016 vehicle collision involving its insured Alba Elizabeth Granados (“Granados”). On January 5, 2018, Cross-Complainant Barajas (“Cross-Complainant”) filed a Cross-Complaint against Cross-Defendant Granados (“Cross-Defendant”), asserting causes of action for (1) indemnification, (2) declaratory relief, and (3) apportionment of fault.
On April 4, 2018, Cross-Defendant filed a Demurrer to the Cross-Complaint. On April 12, 2018, Cross-Complainant filed an opposition. On April 18, 2018, Cross-Defendant filed a reply.
Timeliness of Demurrer
“A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross