DEMURRER TO COMPLAINT

Set for hearing on Thursday, January 19, 2012, Line 17. DEFENDANT BARBARY INSURANCE BROKERAGE'S DEMURRER TO COMPLAINT. Sustained without leave to amend as to third cause of action. The allegations supporting the claim for breach of fiduciary duty are indistinguishable from those supporting the claim for professional negligence. Given the latter, there is no need for the former. Moreover, no California authority supports a breach of fiduciary claim under these circumstances. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/HEK)