AUTO COLLISION GROUP, INC. v. ORELLANA, et al.
CASE NO.: 19NWCV00718
HEARING: 10/6/20
JUDGE: OLIVIA ROSALES
#2
TENTATIVE ORDER
Defendant Fiesta Insurance Franchise Corporation’s demurrer is SUSTAINED. Motion to strike is GRANTED. The court will hear from Plaintiff regarding any grounds warranting leave to amend.
Moving Party to give NOTICE.
Defendant Fiesta Insurance Franchise Corporation (“FIFC”) demurs to the 1st – 12th causes of action on the ground that they fail to state facts sufficient to constitute causes of action.
Unless the franchisor retains or assumes control over the relevant day-to-day management and operations of the franchise, the franchisor isn ot liable for the torts of its franchisee. (Patterson v. Domino’s Pizza, LLC (2014) 60 Cal.4th 474,497-498, 503; see also Cislaw v. Southland Corp. (1992) 4 Cal.App.4th 1284, 1288, 1296-1297;Salazar v. McDonald’s Corp. (9th Cir. 2019) 939 F.3d 1051, 1056.)
Here, the sole allegations alleged against FIFC are that FIFC
Type
Other Professional Malpractice (not medical or legal) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
AUTO COLLISION GROUP, INC. v. ORELLANA, et al.
CASE NO.: 19NWCV00718
HEARING: 10/6/20
JUDGE: OLIVIA ROSALES
#2
TENTATIVE ORDER
Defendant Fiesta Insurance Franchise Corporation’s demurrer is SUSTAINED. Motion to strike is GRANTED. The court will hear from Plaintiff regarding any grounds warranting leave to amend.
Moving Party to give NOTICE.
Defendant Fiesta Insurance Franchise Corporation (“FIFC”) demurs to the 1st – 12th causes of action on the ground that they fail to state facts sufficient to constitute causes of action.
Unless the franchisor retains or assumes control over the relevant day-to-day management and operations of the franchise, the franchisor isn ot liable for the torts of its franchisee. (Patterson v. Domino’s Pizza, LLC (2014) 60 Cal.4th 474,497-498, 503; see also Cislaw v. Southland Corp. (1992) 4 Cal.App.4th 1284, 1288, 1296-1297;Salazar v. McDonald’s Corp. (9th Cir. 2019) 939 F.3d 1051, 1056.)
Here, the sole allegations alleged against FIFC are that FIFC