Demurrers OVERRULED in part, SUSTAINED in part, with leave to amend.
The demurrers are overruled to the first cause of action as to Defendant Farmers Insurance Company (“Farmers”) and as to the sixth cause of action in its entirety.
The demurrers are sustained with leave to amend as to the fraud cause of action but solely because Plaintiff must allege certain details with greater specificity as set forth below.
The Court notes that Plaintiff concedes that the first cause of action is invalid against Defendant Michael Rosetti (“Rosetti”) and has stated that Plaintiff will dismiss that cause of action. Unless Plaintiff has already done so, the Court also hereby sustains the demurrer to that cause of action solely as to Rosetti.
Defendants attack the first cause of action for breach of the covenant of good faith and fair dealing by arguing that this cause of action cannot be based on insurance underwriting and requires breach of an express provision of the policy. However, insurers and th
Hearing Date
August 01, 2019
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Demurrers OVERRULED in part, SUSTAINED in part, with leave to amend.
The demurrers are overruled to the first cause of action as to Defendant Farmers Insurance Company (“Farmers”) and as to the sixth cause of action in its entirety.
The demurrers are sustained with leave to amend as to the fraud cause of action but solely because Plaintiff must allege certain details with greater specificity as set forth below.
The Court notes that Plaintiff concedes that the first cause of action is invalid against Defendant Michael Rosetti (“Rosetti”) and has stated that Plaintiff will dismiss that cause of action. Unless Plaintiff has already done so, the Court also hereby sustains the demurrer to that cause of action solely as to Rosetti.
Defendants attack the first cause of action for breach of the covenant of good faith and fair dealing by arguing that this cause of action cannot be based on insurance underwriting and requires breach of an express provision of the policy. However, insurers and th