anthony xepolis; Plaintiff, vs. tokio marina america insurance, company, et al.; Defendants.
Case No.: 20STCV15995
Hearing Date: November 17, 2020
[TENTATIVE] RULING RE:
Defendant tokio marine america insurance company’s DEMURRER TO THE THIRD CAUSE OF ACTION IN THE COMPLAINT AND MOTION TO STRIKE
Defendant Tokio Marine America Insurance Company’s Demurrer to the Third Cause of Action in the Complaint is OVERRULED.
Defendant Tokio Marine America Insurance Company’s Motion to Strike is DENIED.
Factual Background
This is a breach of contract action. The Complaint alleges as follows. Plaintiff Anthony Xepolis (“Xepolis”) was a resident at the residential property at-issue. (the “Property”). (Compl. ¶ 1.) On January 5, 2017, Xepolis hired non-party Build a Dream, Inc. (“Build”) to install a new deck on the Property, which was completed in April 2017. (Compl. ¶¶ 8-10.) On December 5, 2018, water began leaking through the ceiling and caused the ceiling to collapse a few days later. (Co
Hearing Date
November 17, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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anthony xepolis; Plaintiff, vs. tokio marina america insurance, company, et al.; Defendants.
Case No.: 20STCV15995
Hearing Date: November 17, 2020
[TENTATIVE] RULING RE:
Defendant tokio marine america insurance company’s DEMURRER TO THE THIRD CAUSE OF ACTION IN THE COMPLAINT AND MOTION TO STRIKE
Defendant Tokio Marine America Insurance Company’s Demurrer to the Third Cause of Action in the Complaint is OVERRULED.
Defendant Tokio Marine America Insurance Company’s Motion to Strike is DENIED.
Factual Background
This is a breach of contract action. The Complaint alleges as follows. Plaintiff Anthony Xepolis (“Xepolis”) was a resident at the residential property at-issue. (the “Property”). (Compl. ¶ 1.) On January 5, 2017, Xepolis hired non-party Build a Dream, Inc. (“Build”) to install a new deck on the Property, which was completed in April 2017. (Compl. ¶¶ 8-10.) On December 5, 2018, water began leaking through the ceiling and caused the ceiling to collapse a few days later. (Co