ABSTRACT: RE: INNS BY THE SEA v. CALIFORNIA MUTUAL INSURANCE COMPANY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MONTEREY CASE NO. 20CV001274 Court of Appeal Case: Sixth Appellate District H048443 Supreme Court Case: S265034 On August 6, 2020, Judge Lydia M. Villarreal, Judge of the Superior Court of Monterey, ordered “that the California Mutual's Demurrer to Plaintiffs entire Complaint is sustained without leave to amend on the grounds that the allegations fail to state facts sufficient to constitute a cause of action.” The REPORTER'S TRANSCRIPT OF PROCEEDINGS MONDAY, AUGUST 4, 2020 BEFORE THE HONORABLE LYDIA M. VILLARREAL, JUDGE and the ORDER GRANTING DEFENDANT CALIFORNIA MUTUAL INSURANCE COMPANY'S DEMURRER TO PLAINTIFF'S COMPLAINT documents copies are embedded. In the REPORTER'S TRANSCRIPT OF PROCEEDINGS, Judge Lydia M. Villarreal states, “It seems to me that the language of the policy supported the defendant's position that it talks about the business suspension must be caused by direct physical loss of or damage to property at the premises, and it seems that the cases for the most part are --seek to address some sort of physical destruction or physical change in usefulness, and I am not sure that COVID creates that physical change” and “the distinction in my mind is that when California shut down, when the Governor ordered us all to shelter in place and businesses to close, it wasn't necessarily because there was COVID at your hotels. It was because there was a fear that COVID might arrive at your hotels, and there was a fear by having people move around the state, that that would cause us all to infect each other. So even if we assume that COVID infects the air, which I get your point on that, I think the science supports you on that, but I guess the question I have is, was that the cause?”
https://drive.google.com/file/d/1FL78CSggXj20iUH33l7i_60eOK6cfV6m/view?usp=sharing
REPORTER'S TRANSCRIPT OF PROCEEDINGS MONDAY, AUGUST 4, 2020 BEFORE THE HONORABLE LYDIA M. VILLARREAL, JUDGE
https://drive.google.com/file/d/1weaaKwD8OlibrRZtGbKPz8vl5JdAfncr/view?usp=sharing
ORDER GRANTING DEFENDANT CALIFORNIA MUTUAL INSURANCE COMPANY'S DEMURRER TO PLAINTIFF'S COMPLAINT
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