Judge Lee W. Tsao, Case Number: 23NWCV01622, Date: 2024-02-07 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV01622, Date: 2024-02-07 Tentative Ruling

Case Number: 23NWCV01622 Hearing Date: February 7, 2024 Dept: C

Myers v. state farm

CASE NO.: 23NWCV01622

HEARING: 2/7/24 @ 9:30 AM

Defendant’s Demurrer is SUSTAINED with 30 days leave to amend.

Moving Party to give NOTICE.

Defendant State Farm Insurance (Defendant) demurs to Plaintiff Eva Myers’ Complaint on the grounds that it is uncertain and fails to state a claim.

Background

Plaintiff filed a Complaint against Defendant for Breach of Contract. The Complaint contains six lines of allegations:

Defendant State Farm Insurance. One State Farm Plaza. Bloominton, IL 61710.

Breach of Contract by the insurance State Farm company policy number 75-EL-3927-0 for the insured Eva Myers regarding claim number 75-7903-N62 date of loss March 3, 2019. Eva Myers alleges that the insurer’s “bad faith” in their failure to pay the claim under the policy amounts to a breach of the agreement. Eva Myers alleges that this including failing to properly investigate the claim, and intentionally delaying and failing to honor policy benefits for the claim.

Legal Standard

The party against whom a complaint has been filed may object to the pleading, by demurrer, on several grounds, including the ground that the pleading does not state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) A party may demur to an entire complaint, or to any causes of action stated therein. (CCP § 430.50(a).)

Discussion

Defendant’s Demurrer to Plaintiff’s Complaint is sustained. “Where a party relies upon a contract in writing, and it affirmatively appears that all terms of the contract are not set forth in haec verba, nor stated in their legal effect, but that a portion which may be material has been omitted, the complaint is insufficient.” (Gilmore v. Lycoming Fire Ins. Co. (1880) 55 Cal. 123, 124.) Here, Plaintiff relies on her Insurance Contract with Defendant for a claim of breach of contract, however, she fails to attach the Insurance Contract or plead its material terms. Further, Plaintiff has failed to plead any facts to support her claim. Thus, the Complaint is uncertain as to the contract Plaintiff claims was breached and the facts which Plaintiff alleges support her claim. Therefore, Defendant’s Demurrer to the Complaint is sustained.

Leave to Amend

Plaintiff stated in her opposition that her Complaint will be amended. However, a party must seek leave of court to amend after a demurrer is filed unless the amendment is filed before the deadline to file an opposition. (CCP § 472(a). Plaintiff has not filed an amended complaint. Leave to amend must be allowed where there is a reasonable possibility of successfully stating a cause of action even when the party does not make a request for leave. (Schulz v. Neovi Data Corp. (2007) 152 Cal. App. 4th 86, 92.) Plaintiff has not yet amended her Complaint, thus, the Court finds there is a reasonable possibility that Plaintiff can successfully amend her Complaint.

Accordingly, Defendant’s Demurrer is SUSTAINED with 30 days leave to amend.