Opposition_to_crossdefendant_nuggets_and_carats_incs_demurrerOppositionCal. Super. - 4th Dist.July 25, 2019Electronically Filed by Superior Court of California, County of Orange, 07/15/2020 01:29:00 PM. 30-2019-0] © 0 3 a Wn Bb W N = N N N N ND N N ND ND = E e e k e m e e CO NN O N Wn» BRA W I N D = DO VO N N N RA W N = O 086171-CU-IC-CJC - ROA #213 - DAVID H. YAMASAKI, Clerk of the Court By e Clerk, Deputy Clerk. Katherine A. Sandoval, Esq. SBN 303656 MATTHIESEN, WICKERT & LEHRER, S.C. 1851 East First Street, Suite 1150 Santa Ana, CA 92705 Phone: (800) 637-9176 Fax: (262) 673-3766 Email ksandoval@mwl-law.com Attorneys for Defendant, CERTAIN UNDERWRITERS AT LLOYD’S, LONDON, SYNDICATE 1301, SUBSCRIBING TO POLICY NO. SS0140418/1753, AS SUBROGEE FOR V&A JEWELRY, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CERTAIN UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO POLICY NO. B0901EE1803483000, Case No. 30-2019-01086171-CU-IC-CJC CROSS-COMPLAINANT CERTAIN Plaintiff Vv. NUGGETS & CARATS, INC.; ELITE DIAMONDS, INC.; EXOTIC INTERNATIONAL, INC.; FOREVER DIAMONDS AND GEMS LLC; V&A JEWELRY, INC.; and DOES 1 through 150, inclusive. Defendant. NUGGETS & CARATS, INC, Cross-Complainant v CERTAIN UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO POLICY NO. B0901EE1803483000; CLYDE & CO. US LLP; DOES 1 through 99, inclusive. Cross-Defendant. UNDERWRITERS AT LLOYD'S, LONDON, SYNDICATE 1301, SUBSCRIBING TO POLICY NO. SS0140418/1753, AS SUBROGEE FOR V&A JEWELRY, INC.’S OPPOSITION TO CROSS-DEFENDANT NUGGETS & CARATS, INC.’S DEMURRER Date: July 28, 2020 Time: 1:30 p.m. Dept: C19 SYNDICATE 1301°S OPPOSITION TO DEMURRER © 0 3 a Wn Bb W N = N N N N ND N N ND ND = E e e k e m e e CO NN O N Wn» BRA W I N D = DO VO N N N RA W N = O CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, SYNDICATE 1301, SUBSCRIBING TO POLICY NO. SS0140418/1753, AS SUBROGEE FOR V&A JEWELRY, INC. Cross-Complainant, V. NUGGETS & CARATS, INC. Cross-Defendant. N r ’ N r ’ N r ’ N r ’ N r ’ N r N r N r N r N r N a N r N a N a N a N e Cross-Complainant CERTAIN UNDERWRITERS AT LLOYD’S, LONDON, SYNDICATE 1301, SUBSCRIBING TO POLICY NO. SS0140418/1753, AS SUBROGEE FOR V&A JEWELRY, INC. (“Syndicate 1301”) opposes Cross-Defendant NUGGETS & CARATS, INC. (“N&C”) Demurrer to Syndicate 1301°s Cross-Complaint as follows: L INTRODUCTION Cross-Complainant Syndicate 1301 has sufficiently and appropriately plead, in detail, factual information supporting its claims for subrogation via tort, subrogation via breach of contract and breach of contract. N&C will have you believe that the cross-complaint is “uncertain” and there are insufficient facts, although having the specific language within the cross-complaint. N&C’s demurrer should be overruled in its entirety and the matter should be factually resolved by a jury. IL STANDARD OF REVIEW A demurrer tests whether the complaint, or one or more of its causes of action, states facts sufficient to support a cause of action. Zhang v. Superior Court (2013) 57 Cal.4™ 363, 370. The complaint’s allegations are given a reasonable interpretation, and all material facts that are properly pled are treated as admitted. /d. If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer.
