DEMURRER TO 2ND AMENDED COMPLAINT
Matter on calendar for Tuesday, October 16, 2012, Line 17, DEFENDANT BLUE SHIELD OF CALIFORNIA LIFE & HEALTH INSURANCE'S DEMURRER TO 2ND AMENDED COMPLAINT.
Overruled in its entirety. No useful purpose is served by requiring plaintiff to amend. As to the first claim for breach of contract, liberally construed, at the very least, that claim adequately alleges that plaintiff is entitled to nominal damages. (CACI 3.60). The demurrer to the second claim for breach of the implied covenant is based on the assumption that the demurrer to the first claim will be sustained. As to the definition of the class, there is no doubt that plaintiff intended to define the class as excluding policies covered by ERISA. Defendant's request to take judicial notice is denied.
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 rulin
Hearing Date
October 16, 2012
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DEMURRER TO 2ND AMENDED COMPLAINT
Matter on calendar for Tuesday, October 16, 2012, Line 17, DEFENDANT BLUE SHIELD OF CALIFORNIA LIFE & HEALTH INSURANCE'S DEMURRER TO 2ND AMENDED COMPLAINT.
Overruled in its entirety. No useful purpose is served by requiring plaintiff to amend. As to the first claim for breach of contract, liberally construed, at the very least, that claim adequately alleges that plaintiff is entitled to nominal damages. (CACI 3.60). The demurrer to the second claim for breach of the implied covenant is based on the assumption that the demurrer to the first claim will be sustained. As to the definition of the class, there is no doubt that plaintiff intended to define the class as excluding policies covered by ERISA. Defendant's request to take judicial notice is denied.
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 rulin