Judge: James A. Mangione, Case: 37-2022-00047430-CU-BC-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2022-00047430-CU-BC-CTL COOPER VS THOMAS GRUNOW CONSTRUCTION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Cross-Defendant Hofstee Drywall's ('Hofstee') Demurrer is sustained without leave to amend.

'The elements of a cause of action for negligence are (1) a legal duty to use reasonable care, (2) breach of that duty, and (3) proximate or legal cause between the breach and (4) the plaintiff's injury. (Phillips v. TLC Plumbing, Inc. (2009) 172 Cal.App.4th 1133, 1139 (quotation marks omitted).) The cross-complaint fails to plead facts sufficient to demonstrate causation between the alleged injury and the purportedly negligent conduct. Indeed, the cross-complaint repeatedly denies that any of the work completed was negligent and alleges a cause of action for negligence only to the extent that another party is found to have been injured by Hofstee's conduct. This is a claim for indemnity and/or apportionment, not for negligence. There are no facts alleging that Cross-Complainant suffered an injury independent of the costs it will incur in defending against Plaintiff's lawsuit. Furthermore, Cross-Complainant has not identified any way to remedy this deficiency with additional factual allegations. Therefore, the Court finds it appropriate to deny leave to amend.

The minute order is the order of the Court.

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