Mendoza v. Garden Grove Unified School District

# Case Name Tentative

fn. 10.) “Depending on proof of the nature and extent of the insurer’s claims handling practices, the trial court [will] determine whether injunctive relief [is] appropriate” once the litigation reaches that point, and the failure formulate a specific injunction in the complaint does not render the claim susceptible to demurrer. (See id. at p. 381, fn. 10.) “ ‘[A] demurrer tests the sufficiency of the factual allegations of the complaint rather than the relief suggested in the prayer[.]’ ” (Ibid.)

Seventh cause of action, negligence. The complaint fails to state facts sufficient to constitute a cause of action for negligence. (See Regents of University of California v. Superior Court (2018) 4 Cal.5th 607, 618 [negligence elements]; see also Benavides v. State Farm General Ins. Co. (2006) 136 Cal.App.4th 1241, 1249-1253 (Benavides).) The alleged conduct at issue under this claim—i.e., “failing to conduct a reasonable investigation and ... unreasonably denying defense and coverage” within a month of receiving the claim, thereby causing plaintiff financial/economic harm (Compl. ¶¶ 15-17, 30-31, 61-64)—only gives rise to a tort claim for bad faith breach, not negligence. (See Benavides, at pp. 1249-1253.)

Defendants shall give notice of this ruling.

51. Mendoza v. Plaintiff Juan Mendoza’s motion for leave to file first amended Garden complaint is GRANTED. (See Code Civ. Proc., § 473, subd. Grove (a)(1); Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, Unified 761.) School District Plaintiff is ORDERED to separately file and serve the proposed first amended complaint (Johnson Decl. at Ex. 1) within five 2023- court days. The first amended complaint must be filed as a 01312531 separate document to ensure it is properly indexed in the record.