Judge: Michael Shultz, Case: 23CMCV00135, Date: 2024-02-22 Tentative Ruling

Case Number: 23CMCV00135    Hearing Date: February 22, 2024    Dept: A

23CMCV00135 Richard Diaz, et al v. Progressive Insurance

Thursday, February 22, 2024, at 8:30 a.m.

[TENTATIVE] ORDER TAKING THE HEARING ON DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINT OFF CALENDAR

      This action arises from the alleged mishandling of Plaintiffs’ uninsured motorist claim by Defendant, Progressive Insurance (“Progressive”).

      Progressive demurs to all causes of action on grounds Plaintiffs did not allege that all conditions precedent to the accrual of their claims against their insurer have been satisfied. Defense counsel has met and conferred with Plaintiffs’ counsel who informed that an amended complaint would be filed.

      Defendant untimely served the motion on Plaintiffs on January 26, 2024. Plaintiffs are entitled to 16 court days of notice increased by two court days for service by electronic mail. (Code Civ. Proc., § 1010.6, subd. (a)(4)(A).) Accordingly, the motion should have been filed and served by January 25, 2024, as February 12 and 19, 2024, were court holidays and are not counted as “court days.”  (Code Civ. Proc., § 12a.)