Judge: Christopher K. Lui, Case: 24STCV06541, Date: 2025-03-13 Tentative Ruling

Case Number: 24STCV06541    Hearing Date: March 13, 2025    Dept: 76

Defendant Farmers Insurance Exchange’s demurrer to the entire First Amended Complaint as to Farmers is SUSTAINED with leave to amend. Plaintiff is given 30 days’ leave to amend and is instructed to attach and/or quote the relevant language in the Farmers policy.

ANALYSIS

Demurrer

Meet and Confer

            The Declaration of Linda B. Oliver reflects that Defendant’s counsel satisfied the meet and confer requirement set forth in Civ. Proc. Code, § 430.41.

Discussion

            Defendant Farmers Insurance Exchange demurs to the First Amended Complaint as follows:

1.         Sixth Cause of Action (Declaratory Relief); Seventh Cause of Action (Breach of Contract); Eighth Cause of Action (Breach of the Implied Covenant of Good Faith and Fair Dealing).

            Defendant argues that Plaintiff does not have standing to sue Farmers because Plaintiff is not a named insured, as Farmers is the insurer of the HOA. Also, Plaintiff did not attach a copy of the insurance contract,.

            Plaintiff argues that Farmers has finally admitted that the subject policy contains an endorsement that covers Plaintiff’s unit and damages thereto.

            The most straightforward solution is for Plaintiff to attach the subject insurance policy and/or quote that portion of the policy upon which she bases her claims against Defendant Farmers.

            The demurrer to the entire First Amended Complaint as to Farmers is SUSTAINED with leave to amend. Plaintiff is given 30 days’ leave to amend and is instructed to attach and/or quote the relevant language in the Farmers policy.