Demurrer CLMCal. Super. - 2nd Dist.June 26, 2015123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: VENTURA DIVISION January 12, 2016 01/13/2016 08:20:00 AM DEPT.: 43 COUNTY OF VENTURA JUDICIAL OFFICER: Kevin DeNoce CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Civil - Unlimited Non-PI/PD/WD tort - Other 56-2015-00469182-CU-NP-VTA GREAT AMERICAN INSURANCE VS. MARTINEZ Demurrer (CLM) CAUSAL DOCUMENT/DATE FILED: Demurrer, 12/07/2015 stolo With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you may submit a telefax to Judge DeNoce's secretary, Hellmi McIntyre at 805-662-6712, stating that you submit on the tentative. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. This case has been assigned to Judge DeNoce for all purposes. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. ______________________________________________ The court's tentative ruling is as follows: Sustain the demurrer to the 1st (Breach of Contract) and 2d (Negligence) Causes of Action, with leave to amend within 20 days. (CCP § 430.10(f).) The Court finds the pleading uncertain with respect to these causes of action because Plaintiff does not allege it is the assignee of the breach of contract and negligence claims Blanchard Library has against Defendant Martinez. If it is the assignee, it stands in the position of Blanchard and the two causes of action would then be adequately plead at the demurrer stage. At the hearing, the court would like the parties to address the effect of the settlement reached between Blanchard and Martinez mentioned in Martinez's opposition. Defendant Martinez alleges that the settlement provides that Blanchard is releasing Martinez from any and all claims it holds. If Great American is assignee, what effect does this settlement have on Great American's breach of contract or negligence claims? TENTATIVE RULINGS Page: 1
