Tentative ruling for August 13, 2019 on Defendant Allstate Insurance Company's Demurrer to Plaintiff's Second Amended Complaint
Defendant Allstate Insurance Company's Request for Judicial Notice is GRANTED in its entirety. Judicial Notice is taken of Defendant's Exhibits A-D on the issue of notice. Evidence Code §§ 452, 453.
Defendant Allstate Insurance Company's Demurrer to the Third and Fourth Causes of Action in Plaintiff's Second Amended Complaint (SAC) is SUSTAINED WITH LEAVE TO AMEND. CCP § 430.10(e).
Paragraph 41 of the SAC includes the allegation that "Allstate represented that they had been in touch with the CCHOA and received information that the CCHOA insurance would be providing coverage." This crucial allegation is insufficiently specific. Leave to amend is granted solely to allow for the addition of the specifics as to when and how such representation was made, and the persons involved in the communication.
The Third Amended Complaint is to be filed no later than August 2
Hearing Date
August 13, 2019
Type
Breach of Contract/Warranty
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Tentative ruling for August 13, 2019 on Defendant Allstate Insurance Company's Demurrer to Plaintiff's Second Amended Complaint
Defendant Allstate Insurance Company's Request for Judicial Notice is GRANTED in its entirety. Judicial Notice is taken of Defendant's Exhibits A-D on the issue of notice. Evidence Code §§ 452, 453.
Defendant Allstate Insurance Company's Demurrer to the Third and Fourth Causes of Action in Plaintiff's Second Amended Complaint (SAC) is SUSTAINED WITH LEAVE TO AMEND. CCP § 430.10(e).
Paragraph 41 of the SAC includes the allegation that "Allstate represented that they had been in touch with the CCHOA and received information that the CCHOA insurance would be providing coverage." This crucial allegation is insufficiently specific. Leave to amend is granted solely to allow for the addition of the specifics as to when and how such representation was made, and the persons involved in the communication.
The Third Amended Complaint is to be filed no later than August 2