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