GERBACIO PINEDA VS. TRC INVESTMENTS, LLC.

PINEDA v. TRC INVESTMENTS LLC
CASE NO.: VC065033
HEARING: 11/29/16
JUDGE: MARGARET M. BERNAL

#7
TENTATIVE ORDER

Defendant VICTOR ACEVEDO’s demurrer to the complaint is SUSTAINED WITH 15 DAYS LEAVE TO AMEND. C.C.P. § 430.10(e), (f).

Plaintiffs GERBACIO and LOURDES PINEDA filed the subject complaint in September 2015, alleging several causes of action grounded in both tort and contract. In April 2016, they filed an amendment naming moving defendant Acevedo as Doe 11.

The action arises from a fire. Plaintiffs operate Pacifica Travel. Comp., ¶2. In January 2014, a fire broke out in the multi-unit mixed use building. ¶7. The fire originated at defendant Emily’s Bridal, which is located directly below plaintiffs’ business and caused damage to plaintiffs’ premises. ¶¶7-9. Defendant TRC Investments (dba Servpro) was hired to clean up. ¶14. Plaintiffs contend that defendant Servpro breached the contract, a........