CHRISTINE SHUI, ET AL, Plaintiffs vs. BR & SONS, ET AL., Defendants

Case No.: BC649750

[TENTATIVE] ORDER SUSTAINING DEMURRER WITH LEAVE TO AMEND

Defendant B.R. & Sons’ and Antonio Garcia’s Demurrer to the Third Causes of Action for Intentional Inflection of Emotional Distress is SUSTAINED with fifteen (15) days leave to amend. The motion to strike is MOOT.

1. Background Facts

On February 8, 2017, wife and husband, plaintiffs Christine Shui and Julius Shui (jointly “Plaintiffs”) filed a Complaint against defendants B.R. & Sons (“B.R.”), Antonio Garcia (“Garcia”), and Does 1 to 50 (collectively “Defendants”). Plaintiff alleges causes of action for general negligence, motor vehicle negligence and negligent infliction against all defendants and a cause of action for intentional inflation of emotional distress against Garcia and Does 1 to 50. The complaint includes a prayer for punitive damages.

This is a hit and run action in which the complaint alleges that on November 20, 2016, pla