On 09/02/2020 CHILD MARTON LLP filed a Contract - Insurance lawsuit against SENTINEL INSURANCE COMPANY, LIMITED. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are SUSAN BRYANT-DEASON and ARMEN TAMZARIAN. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHILD & MARTON LLP
SENTINEL INSURANCE COMPANY LIMITED
HARTFORD FINANCIAL SERVICES GROUP INC.
SENTINEL INSURANCE COMPANY
CHILD BRADFORD T.
CROWTHER ROBYN CARRICO
GORDON SARAH D.
5/12/2021: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE; CASE MANAGEME...)
4/13/2021: Notice Re: Continuance of Hearing and Order
4/27/2021: Case Management Statement
2/24/2021: Notice of Ruling
1/28/2021: Request for Refund / Order
2/3/2021: Case Management Statement
2/9/2021: Notice - NOTICE NOTICE OF ERRATA TO SENTINEL INSURANCE CO. LTDS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS DEMURRER
2/9/2021: Request for Judicial Notice
2/9/2021: Notice of Posting of Jury Fees
12/29/2020: Declaration - DECLARATION OF ROBYN C. CROWTHER
12/29/2020: Motion to Quash Service of Summons
12/29/2020: Demurrer - without Motion to Strike
12/29/2020: Memorandum of Points & Authorities
12/29/2020: Request for Judicial Notice
12/29/2020: Memorandum of Points & Authorities
1/13/2021: Notice - NOTICE OF APPLICATION AND HEARING OF APPLICATION OF S. GORDON FOR PERMISSION TO APPEAR AS COUNSEL PRO HAC VICE ON BEHALF OF SPECIALLY APPEARING DEF. HFSG, INC. AND DEF. SENTINEL INS. CO LTD
10/28/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)
9/2/2020: Summons - SUMMONS ON COMPLAINT
Hearing07/28/2021 at 09:00 AM in Department 52 at 111 North Hill Street, Los Angeles, CA 90012; Case Management ConferenceRead MoreRead Less
Hearing07/28/2021 at 09:00 AM in Department 52 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Demurrer - without Motion to StrikeRead MoreRead Less
Docketat 08:30 AM in Department 52, Armen Tamzarian, Presiding; Case Management Conference - Not Held - Continued - Court's MotionRead MoreRead Less
DocketAmended Complaint ( (3rd)); Filed by Child & Marton LLP (Plaintiff)Read MoreRead Less
Docketat 09:30 AM in Department 52, Armen Tamzarian, Presiding; Hearing on Demurrer - without Motion to Strike - Not Held - Continued - Court's MotionRead MoreRead Less
Docketat 09:00 AM in Department 52, Armen Tamzarian, Presiding; Case Management Conference - Held - ContinuedRead MoreRead Less
Docketat 09:00 AM in Department 52, Armen Tamzarian, Presiding; Hearing on Demurrer - without Motion to Strike - Held - Motion GrantedRead MoreRead Less
DocketMinute Order ( (Hearing on Demurrer - without Motion to Strike; Case Manageme...)); Filed by ClerkRead MoreRead Less
DocketOrder (Regarding Defendant?s Demurrer to Second Amended Complaint); Filed by ClerkRead MoreRead Less
DocketReply (REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT SENTINEL INSURANCE COMPANY, LTD.?S DEMURRER TO PLAINTIFF?S SECOND AMENDED COMPLAINT); Filed by SENTINEL INSURANCE COMPANY (Defendant)Read MoreRead Less
DocketCertificate of Mailing for ((Non-Appearance Case Review) of 10/28/2020); Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Non-Appearance Case Review)); Filed by ClerkRead MoreRead Less
DocketProof of Personal Service; Filed by Child & Marton LLP (Plaintiff)Read MoreRead Less
DocketProof of Service by Mail; Filed by Child & Marton LLP (Plaintiff)Read MoreRead Less
DocketNotice of Removal to Federal Court; Filed by SENTINEL INSURANCE COMPANY, LIMITED (Defendant); HARTFORD FINANCIAL SERVICES GROUP, INC. (Defendant)Read MoreRead Less
DocketNotice of Case Management Conference; Filed by ClerkRead MoreRead Less
DocketCivil Case Cover Sheet; Filed by Child & Marton LLP (Plaintiff)Read MoreRead Less
DocketComplaint; Filed by Child & Marton LLP (Plaintiff)Read MoreRead Less
DocketNotice of Case Assignment - Unlimited Civil Case; Filed by ClerkRead MoreRead Less
DocketSummons (on Complaint); Filed by Child & Marton LLP (Plaintiff)Read MoreRead Less
Case Number: 20STCV33799 Hearing Date: May 12, 2021 Dept: 52
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
Child & Marton LLP,
Sentinel Insurance Company, Limited et. al.
Case No. 20STCV33799
[TENTATIVE] ORDER REGARDING DEFENDANT’S DEMURRER TO SECOND AMENDED COMPLAINT
Hearing: May 12, 2021
Defendant Sentinel Insurance Company, Limited (Sentinel) demurs to plaintiff Child & Marton LLP’s Second Amended Complaint. Plaintiff alleges that after it purchased an insurance policy from Sentinel, it suffered economic losses as a result of the COVID-19 pandemic and related actions by federal, state, and local authorities and California and federal courts. The Second Amended Complaint further states Sentinel wrongfully denied plaintiff’s claim for coverage of these losses. Plaintiff prays for compensatory and punitive damages pursuant to its breach of contract and bad faith causes of action.
In its order sustaining Sentinel’s demurrer to plaintiff’s First Amended Complaint, the court noted that, “[a]lthough the First Amended Complaint alleges the insurance contract is attached as Exhibit A, no document is attached to the pleading.” The order further stated, “the First Amended Complaint fails to state a cause of action for breach of contract and breach of the implied covenant of good faith and fair dealing because it omits material terms of the applicable insurance contract.”
The Second Amended Complaint fails to cure this problem. It does not state any cause of action because it omits material terms of the contract.
“Where a party relies upon a contract in writing, and it affirmatively appears that all the terms of the contract are not set forth in haec verba, nor stated in their legal effect, but that portion which may be material has been omitted, the complaint is insufficient.” (Gilmore v. Lycoming Fire Ins. Co. (1880) 55 Cal. 123, 124 (Gilmore) [sustaining demurrer because it was apparent the relevant part of insurance contract was not attached]; see also Amacorp Industrial Leasing Co. v. Robert C. Young Associates, Inc. (1965) 237 Cal.App.2d 724, 728 [citing Gilmore] ; Sutliff v. Seidenberg (1901) 32 Cal. 63, 66 [citing Gilmore].)
Sentinel’s main argument is that plaintiff’s claim is barred by endorsement SS 40 93 07 05, entitled “Limited Fungi, Bacteria or Coverage” (virus endorsement). The Second Amended Complaint, however, does not attach the insurance policy or state the operative terms of the virus endorsement. It instead quotes and paraphrases parts of the insurance policy plaintiff claims covers its economic losses associated with COVID-19. With respect to the virus endorsement, it alleges:
The Policy is an all-risk policy, insofar as it provides that a Covered Cause of Loss under the Policy includes all risks of physical loss unless excluded or limited by the policy. The Policy contains no exclusion or limitation for the risk of a virus or infection causing the physical shutdown of office buildings and court rooms. SENTINEL specifically acknowledged in its Policy that a virus caused physical loss and damage to property. SENTINEL promised, “[w]e will pay for ... [d]irect physical loss or direct physical damage to Covered Property caused by ‘fungi’, wet rot, dry rot, bacteria or virus, including the cost of removal of the “fungi”, wet rot, dry rot, bacteria or virus.”
Sentinel requested judicial notice of what it asserts is a certified copy of the entire insurance policy. (Ex. A.) Plaintiff did not oppose the request for judicial notice, and the opposition itself cites the exhibit and discusses its language at length. (Opp, p. 9:1-10:7.) Plaintiff argues over Exhibit A as if it were the policy at issue but never alleges that or even explicitly acknowledges it in the opposition. The court cannot assume the exhibit is attached to the Second Amended Complaint. It is not. The Second Amended Complaint therefore omits material terms of the contract, which makes the pleading insufficient.
Defendant Sentinel’s demurrer to plaintiff’s Second Amended Complaint is SUSTAINED with 20 days leave to amend.
Case Number: 20STCV33799 Hearing Date: February 18, 2021 Dept: 52
Case Number: 20STCV41881 Hearing Date: February 18, 2021 Dept: 52
Plaintiff STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY’S REQUEST FOR DEFAULT JUDGMENT AGAINST DEFENDANT ABEL CORRAL
The court having read the papers rules as follows:
The request for default judgment is GRANTED. Plaintiff is entitled to $28,755.96 in damages, $512.43 in prejudgment interest, plus $480.00 in costs for a total of $29,748.39.
Judgment for plaintiff is entered in the amount of $29,748.39 against defendant Abel Corral.
Please contact Department 52 at SMCDEPT52@lacourt.org to advise the courtroom staff if parties are submitting on the court’s tentative ruling. Please provide the Case Name, Case Number, and party.
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