Demurrer CLMCal. Super. - 2nd Dist.June 26, 2015123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 08:20:00 AM JUDICIAL OFFICER PRESIDING: Kevin DeNoce COUNTY OF VENTURA VENTURA DATE: 01/13/2016 DEPT: 43 CLERK: Tiffany Froedge REPORTER/ERM: Nalena Rieder CASE NO: 56-2015-00469182-CU-NP-VTA CASE TITLE: Great American Insurance vs. Martinez CASE CATEGORY: Civil - Unlimited CASE TYPE: Non-PI/PD/WD tort - Other EVENT TYPE: Demurrer (CLM) MOVING PARTY: Arthur Martinez CPA CAUSAL DOCUMENT/DATE FILED: Demurrer to First Amended complaint, 12/07/2015 EVENT TYPE: Motion to Strike portions of the First Amended complaint MOVING PARTY: Arthur Martinez CPA CAUSAL DOCUMENT/DATE FILED: Motion to Strike portions of Plaintiffs First Amended complaint, 12/07/2015 STOLO APPEARANCES STOLO John R Armstrong, counsel, present for Plaintiff(s) telephonically. Brian Ludeke, specially appearing for counsel STEPHEN J. TULLY, present for Defendant(s). Susan Lewis, counsel for Great American Insurance Company appearing telephonically Stolo At 8:47 a.m., court convenes in this matter with all parties present as previously indicated. Counsel have received and read the court's written tentative ruling. Matter submitted to the Court with argument. The Court finds/orders: Matter taken under submission: After further consideration of the submitted matter, the Court rules as follows: As to the Motion to Strike: Grant Defendant's motion to strike portions of the first amended complaint. The cost of investigation is a cost of business associated with issuing an insurance policy, and deciding whether to VEN-FNR-10.03 MINUTE ORDER DATE: 01/13/2016 Page 1 DEPT: 43 CASE TITLE: Great American Insurance vs. Martinez CASE NO: 56-2015-00469182-CU-NP-VTA pay on the claim. Subrogation claims are limited to the amount paid to the insured. (State Farm General Insurance Co. v. Wells Fargo Bank NA (2006) 143 Cal. App.4th 1098, 1106.) As to the Demurrer: The court sustains 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 of the alleged assignment. As discussed at the hearing on this matter, more clarity and specificity must be plead as to the scope and effect of the assignment and as to what was assigned so as to establish that Plaintiff may pursue causes of action for breach of contract and negligence. Notice to be given by clerk. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 01/13/2016 Page 2 DEPT: 43
