DEMURRERS (2) & JOINDER
[CCP §430.10 et. seq.]
Date: 2/28/20
Case: Alliance Energy Company, et al. v. Harry Hou, et al. (19GDCV00845)
TENTATIVE RULING:
I. DEMURRER OF MID-CENTURY INSURANCE
Demurrer to Second Amended Complaint (“SAC”) by Defendant Mid-Century Insurance Company is SUSTAINED WITHOUT LEAVE TO AMEND as to the first cause of action for declaratory relief. The Court finds that the doctrine of collateral estoppel applies here, as the matters sought to be litigated in the first cause of action were adjudicated in the arbitration conducted in LASC No. BC644365. (Boeken v. Philip Morris USA, Inc. (2010) 48 Cal.4th 788, 797.)
Plaintiffs argue that the judgment confirming the arbitration award in Case No. BC644365 (“Mid-Century lawsuit”) does not find that the persons who did the damage to the subject property were employees of plaintiffs. However, according to the arbitration award, the arbitrator in the other action determined that the two workers who caused the water dama
Hearing Date
February 28, 2020
Type
Defamation (slander/libel) (General Jurisdiction)
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DEMURRERS (2) & JOINDER
[CCP §430.10 et. seq.]
Date: 2/28/20
Case: Alliance Energy Company, et al. v. Harry Hou, et al. (19GDCV00845)
TENTATIVE RULING:
I. DEMURRER OF MID-CENTURY INSURANCE
Demurrer to Second Amended Complaint (“SAC”) by Defendant Mid-Century Insurance Company is SUSTAINED WITHOUT LEAVE TO AMEND as to the first cause of action for declaratory relief. The Court finds that the doctrine of collateral estoppel applies here, as the matters sought to be litigated in the first cause of action were adjudicated in the arbitration conducted in LASC No. BC644365. (Boeken v. Philip Morris USA, Inc. (2010) 48 Cal.4th 788, 797.)
Plaintiffs argue that the judgment confirming the arbitration award in Case No. BC644365 (“Mid-Century lawsuit”) does not find that the persons who did the damage to the subject property were employees of plaintiffs. However, according to the arbitration award, the arbitrator in the other action determined that the two workers who caused the water dama