jason standiford, Plaintiff, v. california speciality insulation, inc., Defendant.
Case No.: 19STCV36103
Hearing Date: December 2, 2020
[TENTATIVE] order RE:
DEMURRER TO cross-cOMPLAINT
Background
Plaintiff Jason Standiford (“Plaintiff”) alleges that he sustained injuries when an employee of Defendant California Specialty Insulation, Inc. (“Defendant”) knocked him off a ladder. Defendant filed a cross-complaint against its liability insurer, Allied World Surplus Lines Insurance Company (“Allied”). Defendant seeks a judicial determination that Allied has a duty to defend and indemnify Defendant. Now, Alied demurs to Defendant’s cross-complaint. The demurrer is sustained without leave to amend.
LEGAL STANDARD
“It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc.
Hearing Date
December 02, 2020
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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jason standiford, Plaintiff, v. california speciality insulation, inc., Defendant.
Case No.: 19STCV36103
Hearing Date: December 2, 2020
[TENTATIVE] order RE:
DEMURRER TO cross-cOMPLAINT
Background
Plaintiff Jason Standiford (“Plaintiff”) alleges that he sustained injuries when an employee of Defendant California Specialty Insulation, Inc. (“Defendant”) knocked him off a ladder. Defendant filed a cross-complaint against its liability insurer, Allied World Surplus Lines Insurance Company (“Allied”). Defendant seeks a judicial determination that Allied has a duty to defend and indemnify Defendant. Now, Alied demurs to Defendant’s cross-complaint. The demurrer is sustained without leave to amend.
LEGAL STANDARD
“It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc.