Judge: Michael Small, Case: 24STCV07974, Date: 2024-11-19 Tentative Ruling

Case Number: 24STCV07974    Hearing Date: November 19, 2024    Dept: 57

The demurrer of Defendant Zurich American Insurance Co. is sustained with leave to amend as to the claim in Plaintiff's complaint for a violation of Penal Code Section 496 and overruled as to the claim for a violation of Business and Professions Code Section 17200.  

Zurich American Insurance Co.'s motion to strike the prayer for punitive damages in the Plaintiff's complaint is granted with leave to amend.

The Court is taking under submission the demurrers of the J.S. Held Defendants to the claim in Plaintiff's complaint for professional negligence.  The issue the Court is taking under submission is whether the complaint adequately alleges the claim against those Defendants.  The Court is overruling the J.S. Held Defendants' demurrers to the extent that they are based on the failure of the Plaintiff to include a certificate of merit under Code of Civil Procedure Section 411.35 in the initial complaint.