Judge: Thomas D. Long, Case: BC715664, Date: 2022-08-25 Tentative Ruling

Case Number: BC715664    Hearing Date: August 25, 2022    Dept: 48

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION FOR RECONSIDERATION

On May 13, 2022, the Court granted the demurrer of Defendant James River Insurance Company to the second and third causes of action in Plaintiff Rebecca Zakariaei’s second amended complaint (“SAC”).  On April 29, 2022, Plaintiff filed a motion for reconsideration stating the Court was mistaken in concluding that Plaintiff based her allegations on an underinsured motorist insurance policy issued by Defendant to Plaintiff.  With the motion for reconsideration, Plaintiff submitted a copy of the insurance policy at issue showing it was not issued to Plaintiff.

The SAC is vague on this point.  The SAC alleges, “Plaintiff was insured under a policy of insurance issued by Defendant James River Insurance Company and/or Does 2 through 25, providing ‘underinsured motorist coverage’ to Plaintiff.”  (SAC, ¶ 26.)  The Court understood this allegation to mean that Defendant had issued the policy to Plaintiff.  The actual insurance policy shows this understanding was incorrect.

The understanding that Defendant had issued the policy to Plaintiff was key to the Court’s May 13, 2022 decision.  Because that understanding was incorrect, the Court GRANTS the motion for reconsideration.  The demurrer is SUSTAINED with ten days’ leave to amend to clarify that the insurance policy at issue was NOT issued to Plaintiff.

Moving party to give notice.