Judge: Mark H. Epstein, Case: 23SMCV02843, Date: 2024-02-13 Tentative Ruling

Case Number: 23SMCV02843    Hearing Date: February 13, 2024    Dept: I

The demurrer is OVERRULED.  There is certainly a controversy, which is generally enough for a request for declaratory relief.  The court agrees that it is likely duplicative of the other claims in the case, but it does no harm at this point.  If it is duplicative, it will not be issued.  If it turns out not to be duplicative, then good thing the demurrer was overruled.

The motion to strike is DENIED.  The court agrees that the request for punitive damages for breach of fiduciary duty is thin, but it is better tested on a motion for summary adjudication than demurrer.  That said, the court has significant doubt that it will survive such a motion.

Cross-defendant has 30 days to answer.