The Demurrer to Complaint brought by defendant State Farm Mutual Automobile Insurance Company (State Farm or the Insurance Company) is disposed as follows:
--First Cause of Action (Violation of Vehicle Code § 544) – SUSTAINED with leave to amend --Second Cause of Action (Fraud) – SUSTAINED with leave to amend
Plaintiff shall have 10 days leave to amend.
Request for Judicial Notice
The Request for Judicial Notice brought by defendant State Farm is GRANTED pursuant to Evidence Code § 452, as it seeks judicial notice of this Court's Register of Actions for the case of Conkey v. Bolduc (19-28133), which is a case between the two drivers involved in the auto accident at issue in the instant case. In addition, on its own motion and also pursuant to Evidence Code § 452, this Court takes judicial notice of the entire record and files in that case [Conkey v. Bolduc (19-28133)], not for the truth of any assertions therein, but for the existence and procedural history of that litigation. Back
Hearing Date
July 16, 2020
Category
Civil - Unlimited
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The Demurrer to Complaint brought by defendant State Farm Mutual Automobile Insurance Company (State Farm or the Insurance Company) is disposed as follows:
--First Cause of Action (Violation of Vehicle Code § 544) – SUSTAINED with leave to amend --Second Cause of Action (Fraud) – SUSTAINED with leave to amend
Plaintiff shall have 10 days leave to amend.
Request for Judicial Notice
The Request for Judicial Notice brought by defendant State Farm is GRANTED pursuant to Evidence Code § 452, as it seeks judicial notice of this Court's Register of Actions for the case of Conkey v. Bolduc (19-28133), which is a case between the two drivers involved in the auto accident at issue in the instant case. In addition, on its own motion and also pursuant to Evidence Code § 452, this Court takes judicial notice of the entire record and files in that case [Conkey v. Bolduc (19-28133)], not for the truth of any assertions therein, but for the existence and procedural history of that litigation. Back