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25VECV04492·la·Civil·Insurance Bad Faith
Hearing todaySUSTAINED WITH LEAVE TO AMEND

ARAKELYAN V UNITED FINANCIAL

Demurrer to the Complaint

Hearing date
Sep 4, 2026
Department
T
Judge
Prevailing
Defendant

Motion type

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Causes of action

Parties

PlaintiffDavit Arakelyan
DefendantUnited Financial Casualty Company

Ruling

will grant an additional continuance for 60 days (which is the same as originally requested which was 90 days). However, the court points out that the papers filed for both ex parte applications are clear, cohesive, and intelligent, citing applicable law. The hearing is continued to 11/23/2025 at 8:30 a.m. Opposition is due 9 court days prior to that hearing.

Case Number: 25VECV03265 Hearing Date: September 4, 2026 Dept: T 25VECV03265 James v Best Buy Ex parte application to continue trial AND maintain trial preference.

Here, after fighting for a trial setting preference because the plaintiff is 92, and then vociferously opposing defendant's request to continue the trial in July, plaintiff's counsel wants a continuance into November without losing the trial setting preference because she had debridement surgery of her knee last week. Why can't the plaintiff appear remotely? This is exactly the reason why priority was granted; that is, unexpected health problems which could result in her death before the trial can go forward. Aren't those risks now increased because of her surgery and infection? Also, the Dr.'s declaration does not explain why she cannot testify? Is she sedated? Is she on pain medications 24 hrs a day? Can she walk? Can she come in a wheelchair? Is she on an IV? There is insufficient information to grant this request.

Case Number: 25VECV04492 Hearing Date: September 4, 2026 Dept: T 25VECV04492 ARAKELYAN V UNITED FINANCIAL [TENTATIVE] ORDER: Defendant United Financial Casualty Company's Demurrer to the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Leave to amend is limited to curing the pleading defects identified and not to add new causes of action.

Introduction

Defendant United Financial Casualty Company (Defendant) demurred to Plaintiff Davit Arakelyan's (Plaintiff) Complaint. The demurrer placed into issue the first cause of action (COA) for breach of contract, the second COA for breach of the covenant of good faith and fair dealing, and the third COA for declaratory relief. An opposition was due August 25, 2026, and none was filed.

Discussion

Defendant asserted that the contract-based claims failed to plead sufficient facts because a copy of the policy was not attached and Plaintiff failed to plead the terms of the policy verbatim. Defendant further argued that the contract-based claims failed to plead any facts to show that a third-party claim stemming from the scooter/automobile accident was made by the third party. Defendant further asserted that Plaintiff failed to clearly allege any denial of policy benefits because the allegations of breach are conclusory. Defendant asserted that the third-party claim was resolved using policy benefits. Defendant's arguments are persuasive and the contract-based claims are not supported by sufficient fact pleading.

The demurrer to the Complaint is SUSTAINED WITH LEAVE TO AMEND. IT IS SO ORDERED, CLERK TO GIVE NOTICE.

Case Number: 25VECV04506 Hearing Date: September 4, 2026 Dept: T 25VECV04506 Aran v Rieger The court will pull this case out of the Pathways program, vacates all dates on the case and sets a Trial Setting Conference on 1/7/2027 at 8:30 a.m. conditioned on the motion to be relieved to be advanced to Oct. 20, 2026 at 8:30 a.m., plaintiff's counsel to give notice. Discovery remains open. | Home -->)" -->

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