Judge: Mark H. Epstein, Case: 21SMCV01988, Date: 2023-11-03 Tentative Ruling

Case Number: 21SMCV01988    Hearing Date: November 3, 2023    Dept: I

The demurrer is OVERRULED.  Adris mis-reads the authority it cites.  Adris has a contract with the general contractor, and that provides sufficient standing to seek indemnity.  And reference to the underlying pleadings is sufficient.  Demurrers as to uncertainty are disfavored, and any uncertainty can be cleared up by way of discovery.  If in fact no one is criticizing Adris’s work, the court believes that can be addressed at summary judgment or by way of dismissal.  The declaratory relief cause of action causes no mischief.  It will remain.