Urquhart vs State Farm

Case No.: 56-2016-00488121-CU-BC-VTA    

Tentative ruling for April 13, 2017 on State Farm's demurrer to 1st amended complaint.

Sustain Defendant State Farm's demurrer to first amended complaint without leave to amend.

First cause of action (breach of contract). Assuming without deciding that Plaintiff had an insurable ownership interest in the vehicle, no covered "theft" took place. (Jackson v. Teachers Ins. Co. (1973) 30 Cal.App.3d 341, 344.) Further, the "government seizure" exclusion is applicable.

Second cause of action (bad faith). This cause of action is derivative and fails with the breach of contract claim.

Court analysis

(2). State Farm argues that even if P had ownership issue, a theft of the car did not occur under the policy.

First, Exhibit F to Ps 1st amended complaint is a letter from State Farm stating that the loss was not a result of a theft so State Farm has not waived the issue as argued by P, and even without the let........