SUBJECT: Demurrer with Motion to Strike

Moving Party: Defendant Alliance United Insurance Company

Resp. Party: None

Defendant’s demurrer is SUSTAINED.

Defendant’s motion to strike is denied as MOOT.

PRELIMINARY COMMENTS:

This demurrer is unopposed, yet plaintiff has not indicated that he is planning on filing an amended complaint. The Court finds such silence to be troubling. If plaintiff believed that the demurrer should be overruled, he should have filed an opposition. If plaintiff agreed that the complaint needed to be amended, he should have agreed when meeting-and-conferring with defendants to amend the complaint or file a first amended complaint. Had he done so, the court and its staff would not have had to spend the time analyzing a demurrer to a complaint that even plaintiff agrees must be amended.

BACKGROUND:

This action arises out of the handling of an insuran........