pamela n. mccarthy & michael j. laberge, jr., Plaintiffs, v. STATE FARM GENERAL INSURANCE COMPANY, et al. Defendants.

Case No.: 19STCV40797

Hearing Date: August 24, 2020

[TENTATIVE] order RE:

(1) Demurrer to the FIRST AMENDED complaint

(2) motion to strike portions of the FIRST AMENDED complaint

Background

A. Complaint

Plaintiffs Pamela N. McCarthy (McCarthy) and Michael J. LaBerge, Jr. (LaBerge) (collectively, Plaintiffs) commenced this action against Defendants State Farm General Insurance Company (State Farm) and Eberl Claims Service, LLC (Eberl) (collectively, Defendants) on November 12, 2019. The operative pleading is the First Amended Complaint (FAC) filed on April 1, 2020. The FAC asserts causes of action for (1) breach of contract against State Farm, (2) breach of the implied covenant of good faith and fair dealing against State Farm, (3) negligent misrepresentation against Eberl, and (4) elder abuse against Defendants. The FAC alleges in pertinent part as follows.

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