THEKKEK vs. RANA

HEARING ON DEMURRER TO 1st Amended COMPLAINT of THEKKEK

FILED BY ZURICH AMERICAN LIFE INSURANCE COMPANY

* TENTATIVE RULING: *

Defendant Zurich American Life Insurance Company’s Demurrer to the first cause of action is sustained without leave to amend. Defendant’s request for judicial notice of the original complaint and demurrer is granted. (Evid. Code § 452, subd. (d).)

The elements of a cause of action for breach of fiduciary duty are: (1) [the] existence of a fiduciary duty; (2) breach of the fiduciary duty; and (3) damage proximately caused by the breach.” (Jameson v. Desta (2013) 215 Cal.App.4th 1144, 1164.) “[B]efore a person can be charged with a fiduciary obligation, he must either knowingly undertake to act on behalf and for the benefit of another, or must enter into a relationship which imposes that undertaking as a matter of law.” (City of Hope National Medical Center v. Genentech, Inc. (2008) 43 Cal.4th 375, 386.........