Demurrer (Judge Randall Sherman)


Russell vs. Progressive Classic Insurance Co.
2015-00804835

The Demurrer to Complaint of defendant Progressive Classic Insurance Company is overruled.? Based on the court having signed the parties? proposed Order for Hearing on Motion for Summary Adjudication, defendant Progressive?s Motion to Strike has been ordered off calendar.? Defendant Progressive must file its Answer within 10 days.

Plaintiffs? Second Cause of Action for Breach of the Covenant of Good Faith and Fair Dealing alleges enough wrongdoing in paragraph 51 to state a cause of action.? Defendant challenges plaintiffs? Fourth Cause of Action for Negligence by citingRattan v. United Services Automobile Assn. (2000) 84 Cal. App. 4th 715.? However, Progressive has not addressed plaintiffs? alternatively pled allegations that might support a negligence cause of action, such as negligent hiring and referral and failure to supervise and intervene.? Plaintiffs? Fifth Cause of Action for Declaratory Relief adequately alleges an actual controversy relating to the legal rights and duties of the respective parties under a contract.

Moving party is ordered to give notice unless notice is waived.