17-CIV-05102 GEORGE MARDIKIAN, et al. vs. WAWANESA GENERAL

INSURANCE COMPANY, et al.

WAWANESA GENERAL INSURANCE COMPANY jared k. LEBEAU

GEORGE MARDIKIAN DAY, MONTIE S. DAY

5. DEMURRER

TENTATIVE RULING:

Defendant WAWANESA GENERAL INSURANCE COMPANY’s Demurrer to First Amended Complaint is OVERRULED in its entirety. The Court finds that Plaintiff’s causes of action for (1) violation of Civil Code § 1785 et seq.; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; and (4) unfair business practices are sufficiently pled.

Defendant’s Request for Judicial Notice is GRANTED as to Exhibits A, D, E, and F; and GRANTED as to Exhibits B and C only to the extent that these are Court records, but not as to the truth of any matters asserted therein. Evid. Code §§ 451, 452.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.

6. MOTION TO STRIKE

TENTATIVE RULING:

Defendant’s Motion to Strike is DENIED in its entirety. Code Civ. Proc. § 436.