Judge: Blaine K. Bowman, Case: 37-2022-00049007-CU-PO-CTL, Date: 2024-06-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 13, 2024

06/14/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2022-00049007-CU-PO-CTL SAN DIEGO GAS & ELECTRIC COMPANY VS JK COMMUNICATIONS AND CONSTRUCTION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Demurrer Cross-Defendant Camarillo Drilling, Inc.'s demurrer to the cross-complaint of Defendant/Cross-Complainant JK Communications and Construction, Inc. dba Kleven Construction is OVERRULED in its entirety.

First Cause of Action – and Breach of Contract for Express Indemnity The court finds the cross-complaint is not uncertain and alleges facts sufficient to state a cause of action for breach of contract for express indemnity [XC ¶¶ 5-11]. Although Kleven does not attach the alleged contract to the cross-complaint, the court finds the cross-complaint sufficiently alleges the 'legal effect of the contract.' Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 199. Camarillo seeks further specificity as to the exact parties to the contract and as to the date when the contract was executed. Such specificity is more properly the subject of discovery. See, Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616. Camarillo also relies on CCP § 430.10(f) and argues that it is difficult to ascertain whether the contract is written, oral or implied by conduct. However, the cross-complaint specifically alleges that the contract was written [XC ¶ 6]. The issues Camarillo raises as to the terms of the actual contract between Camarillo and Kleven are factual issues not properly resolved on demurrer. A demurrer challenges only defects that appear on the face of the pleading. CCP § 430.30.

Third Cause of Action – Equitable Indemnity Fourth Cause of Action - Contribution The court finds the cross-complaint is not uncertain and alleges facts sufficient to state a cause of action for equitable indemnity [XC ¶¶ 12-15] and contribution [XC ¶¶ 16, 17]. As above, any further specificity is more properly the subject of discovery.

Motion to Strike Cross-Defendant Camarillo Drilling, Inc.'s motion to strike the cross-complaint of Calendar No.: Event ID:  TENTATIVE RULINGS

3099923  12 CASE NUMBER: CASE TITLE:  SAN DIEGO GAS & ELECTRIC COMPANY VS JK  37-2022-00049007-CU-PO-CTL Defendant/Cross-Complainant JK Communications and Construction, Inc. dba Kleven Construction is DENIED.

For the reasons set forth in this court's ruling on Camarillo's demurrer, the court finds the first, third and fourth causes of action sufficiently pled.

As Kleven acknowledges the term 'NEGLIGENCE' should be stricken from the caption of the cross-complaint, the court strikes the term 'NEGLIGENCE' from the caption of Kleven's cross-complaint [ROA 30].

Camarillo shall answer within 10 days of this ruling.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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3099923  12