Case Number: BC687317 Hearing Date: May 31, 2018 Dept: 73

5/31/18
Dept. 73
Rafael Ongkeko, Judge presiding

ARDEN ELAINE ROSE, ET AL. V. FEDERAL INSURANCE CO., ET AL. (BC687317)

Counsel for plaintiffs/opposing parties: Bradford Child (Child, etc.)
Counsel for defendant/moving party: Jeremy Suiter; Sheila Mojtehedi (Stradling, etc.)

DEFENDANT UNIVERSITY MOVERS, LLC’S DEMURRER TO COMPLAINT (filed 4/23/18)

TENTATIVE RULING

Defendant University Movers, LLC’s demurrer is OVERRULED.

The parties are ordered to meet and confer regarding Plaintiffs’ informal request for leave to file a First Amended Complaint, the results of which may affect the time within which Defendant is ordered to file and serve its answer. In the absence of a stipulation re the FAC, Defendant’s answer to the original complaint shall be filed and served no later than 6/8/18.

DISCUSSION (Please note: Unfortunately, the court’s tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court’s use of footnotes, boldface, italics, or the underscoring of case citations. A hard copy will be available for review in court before the hearing.)

Defendant University’s demurrer to Plaintiffs’ negligence cause of action depends on whether the Maximum Rate Tariff 4 applies—a question of fact not obvious from the face of the complaint. Plaintiffs’ opposition demonstrates this fact is disputed in any event. Plaintiffs’ complaint alleges facts sufficient to state a cause of action against University.

University’s demurrer is OVERRULED.

Plaintiff’s Informal Request for Leave to File First Amended Complaint

Plaintiffs’ informal request for leave to file a First Amended Complaint is DENIED. However, the parties are ordered to meet and confer regarding a possible stipulation and proposed pleading deadlines. Otherwise, Defendant shall file and serve its answer to the original complaint no later than 6/8/18.

Unless waived, notice of ruling by Plaintiffs.