Tentative ruling issued by Judge Randall J. SHERMAN on Nov. 17, 2016 in Orange County, CA - Case no: xxxxx370

Defendant Florists’ Mutual Ins. Co.’s Demurrer to plaintiff Harvest Landscaping Enterprises, Inc.’s First Amended Complaint is overruled. Defendant’s Motion to Strike is denied. Defendant’s Request for Judicial Notice is granted. Defendant must file an Answer within 10 days.
The court in Security Officers Service, Inc. v. State Compensation Ins. Fund (1993) 17 Cal. App. 4th 887, 893-98, held that allegations of a failure to diligently defend workers’ compensation claims, thereby increasing the insured’s premiums, stated a claim for breach of the covenant of good faith and fair dealing but not for breach of contract. In Tricor California, Inc. v. State Compensation Ins. Fund (1994) 30 Cal. App. 4th 230, 238, however, the court allowed claims for both breach of the covenant of good faith and fair dealing and breach of contract to proceed. Thus, both of plaintiff’s claims have legal support. Defendant’s Motion to Strike fails based on the same authority.
Moving party is orde….....