In California, as an initial pleading, a party may file a demurrer challenging the legal sufficiency of a complaint, cross-complaint or answer. In the past, scheduled hearings on demurrers were routinely vacated at the last minute when an amended pleading was filed prior to the hearing date. Even if the plaintiffs did not voluntarily amend before the hearing, trial courts repeatedly allowed leave to amend when sustaining demurrers. In combination with institutional delays created by reduced funding of the California trial courts, these practices had a tendency to create lengthy delays in resolving the pleadings and putting the case “at issue.”
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Paper or Plastic? What An Insurer Knew or Should Have Known May Prevent Rescission
Star Insurance Co. v. Sunwest Metals, Inc., 2015 WL 3741305 (C.D. Cal. June 15, 2015) is currently on appeal before the Ninth Circuit. The Court will decide whether an insurer waived the right to rescind a policy for material misrepresentation in an application by failing to investigate further during underwriting.
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