Tentative Ruling
Steadfast Insurance Company v. Atlas Industries, Inc., Case No. 19SMCV01427
Hearing Date June 28, 2021
Demurrer to Third Amended Complaint
Plaintiff is the insurer for C.W. Driver, which subcontracted with defendants Atlas Industries, Inc. and Atlas Industries to furnish cabinets for a construction project. The Atlas defendants allegedly failed to perform, and plaintiff sues for breach of contract and negligence as Driver’s subrogee. Defendants Atlas Industries and demur to the causes of action for breach of contract, express indemnity, equitable subrogation, equitable contribution, negligence, negligent misrepresentation, and declaratory relief in the third amended complaint (TAC).
Alter Ego—John McCoy
Facts appearing in exhibits attached to a complaint control over inconsistent allegations in the pleading. Moran v. Prime Healthcare Management, Inc. (2016) 3 CA5th 1131, 1145-1146.
Defendants argue the complaint fails as to defendant McCoy because there is no ba
Hearing Date
June 28, 2021
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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Tentative Ruling
Steadfast Insurance Company v. Atlas Industries, Inc., Case No. 19SMCV01427
Hearing Date June 28, 2021
Demurrer to Third Amended Complaint
Plaintiff is the insurer for C.W. Driver, which subcontracted with defendants Atlas Industries, Inc. and Atlas Industries to furnish cabinets for a construction project. The Atlas defendants allegedly failed to perform, and plaintiff sues for breach of contract and negligence as Driver’s subrogee. Defendants Atlas Industries and demur to the causes of action for breach of contract, express indemnity, equitable subrogation, equitable contribution, negligence, negligent misrepresentation, and declaratory relief in the third amended complaint (TAC).
Alter Ego—John McCoy
Facts appearing in exhibits attached to a complaint control over inconsistent allegations in the pleading. Moran v. Prime Healthcare Management, Inc. (2016) 3 CA5th 1131, 1145-1146.
Defendants argue the complaint fails as to defendant McCoy because there is no ba