Judge: Robert P. Dahlquist, Case: 37-2022-00039294-CU-PA-NC, Date: 2023-09-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - September 28, 2023

09/29/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  PI/PD/WD - Auto Demurrer / Motion to Strike 37-2022-00039294-CU-PA-NC LUCERO VS. JACKSON [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 08/01/2023

Defendant State Farm Mutual Automobile Insurance Company's demurrer to the second amended complaint (ROA # 67) is sustained without leave to amend.

In their second amended complaint filed on July 7, 2023, plaintiffs allege a sole cause of action for 'Injunctive Relief: Uninsured/Underinsured Motorist date of loss May 9, 2022' against defendant State Farm. ROA # 59.

'The function of a demurrer is to test the sufficiency of a pleading by raising questions of law.' Nealy v. Cnty. of Orange (2020) 54 Cal. App. 5th 594, 599.

'Injunctive relief is a remedy, not a cause of action. [Citations.] A cause of action must exist before a court may grant a request for injunctive relief.' Allen v. City of Sacramento (2015) 234 Cal.App.4th 41, 65; see also City of South Pasadena v. Department of Transportation (1994) 29 Cal.App.4th 1280, 1293 ['A permanent injunction is merely a remedy for a proven cause of action. It may not be issued if the underlying cause of action is not established.'].

Because none of plaintiffs' other causes of action may be maintained against State Farm, the request for injunctive relief necessarily fails. See Ivanoff v. Bank of Am., N.A. (2017) 9 Cal. App. 5th 719, 734.

Therefore, the demurrer is sustained without leave to amend.

The court invites defendant State Farm to submit a proposed judgment.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, September 29, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of September 29, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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