Motion: Defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company, and Applied Risk Services, Inc.’s Demurrer to Plaintiff’s Amended Complaint
Tentative Ruling: To overrule Defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company, and Applied Risk Services, Inc.’s Demurrer to Plaintiff’s Amended Complaint.
Plaintiff Picar Farm Labor, Inc.’s amended complaint alleges defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company, and Applied Risk Services, Inc. (collectively defendants) fraudulently induced plaintiff to sign the parties’ settlement agreement and included charges in defendants’ close out proposal that were not agreed upon.
A demurrer can only be used to challenge defects that appear on the face of the complaint or from matters properly judicially noticed. In Saxer v. Phil