Judge: H. Jay Ford, III, Case: 24SMCV01645, Date: 2025-03-06 Tentative Ruling

Case Number: 24SMCV01645    Hearing Date: March 6, 2025    Dept: O

  Case Name:  Belwood Investments LLC v. Martin

SUBJECT:                 MOTION TO SEVER

MOVING PARTY:   Cross-Defendant Seaview Insurance Company

RESP. PARTY:         None

TENTATIVE RULING

             Cross-Defendant Seaview Insurance Company’s Motion to Sever is GRANTED. Cross-Complainant Michael Martin’s claims within the First-Amended Cross-Complaint against Cross-Defendant Seaview Insurance Company are severed and will be tried separately from Plaintiff Belwood Investments, LLC’s claims against Defendant Michael Martin.

            The Court notes that Cross-Complainant Michael Martin has not filed an opposition to the motion, however, Martin did file a First Amended Cross-Complaint on 2-19-25 alleging new causes of action related to the insurance dispute between the parties. The FACC does not introduce any new issues beyond the insurance dispute. (See generally, FACC.) The Court has broad discretion to sever claims to avoid prejudice. (See Code Civ. Proc., § 1048, subd. (b).) The Court finds that if the Complaint for negligence and the FACC regarding insurance disputes were to be tried together all parties would be prejudiced, thus severance is necessary. (See Evid. Code, § 1155; see also Omaha Indemnity Co. v. Superior Court (1989) 209 Cal.App.3d 1266, 1270-71; Royal Globe Ins. Co. v. Superior Court (1979) 23 Cal.3d 880, 891, overruled on other grounds by Moradi-Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal.3d 287 [Finally, we agree with defendant that plaintiff may not sue both the insurer and the insured in the same lawsuit. Section 1155 of the Evidence Code provides that evidence of insurance is inadmissible to prove negligence or wrongdoing”.].)

  Case Name:  Belwood Investments LLC v. Martin

SUBJECT:                 DEMURRER WITH MOTION TO STRIKE TO CROSS-COMPLAINT

MOVING PARTY:   Cross-Defendant Seaview Insurance Company

RESP. PARTY:         None.  First Amended Cross-complaint filed on on 2-19-25)

TENTATIVE RULING

             Cross-Defendant Seaview Insurance Company’s Demurrer with Motion to Strike to Cross-Complainant Michael Martin’s Cross-Complaint is MOOT. Cross-Complainant filed a First Amended Cross-Complaint (“FACC”) as a matter of course on 2-19-25, prior to the hearing on the Demurrer to the Cross-Complaint scheduled for 3-6-25, and prior to the Demurrer opposition filing deadline of 2-21-25.  Cross-Defendant had not filed an answer to the initial Cross-Complaint. Pursuant to CCP § 472(a) Cross-Complainant timely filed their FACC, and thus the FACC is now the operative pleading. “