Hanminh Chor v. California Automobile Insurance Company

TENTATIVE RULING FOR SEPTEMBER 10, 2026 Department R12 - Judge Kory Mathewson Hanminh Chor v. California Automobile Insurance Company – CIVRS2603395 Motion: Demurrer Movant: California Automobile Insurance Company (CAIC) Respondent: Hanminh Chor (No Opposition filed) Ruling: Demurrer is SUSTAINED, with Leave to Amend within 30 days. Defendant to provide Order and give notice. ______________________________________________________________________________

On April 27, 2026, Defendant sent an email to Plaintiff’s counsel attempting to meet and confer on the issues raised in the present demurrer to the Complaint. As of the filing of this demurrer, Defendant has not received a response. On May 8, 2026, Defendants office called and left a voicemail for Plaintiff’s counsel attempting to meet and confer on the issues raised in the present demurrer to the Complaint. As of the filing of this demurrer, Defendant have not received a response. (Kleiner Decl. ¶¶2-3). Thus, the meet and confer efforts are code compliant.

Judicial Notice The Court takes judicial notice of the CAIC’s denial letter to Plaintiff, but not for its truth.

Demurrer Defendant argues that Plaintiff’s two causes of action are time barred by the one-year limitation period in the policy.

Defendant asserts Plaintiff was advised of the one-year contractual limitations period in CAIC’s September 3, 2025 denial letter. The limitations period began running when Plaintiff first knew about the loss on January 8, 2025, and ran until she reported the loss to CAIC on June 4, 2025. Plaintiff’s time to sue was equitably tolled from June 4, 2025, until CAIC denied coverage for the loss on September 3, 2025. Plaintiff then filed the instant lawsuit on April 10, 2026. Thus, taking into account the 147 days that had already run between when Plaintiff discovered the damage and when the claim was reported to CAIC, the total days elapsed are 366 days, which would make Plaintiff’s filing of the lawsuit one day late.

Defendants further assert that Plaintiff resides at a property located at 11582 Bari Dr, Rancho Cucamonga, CA 91701 (“Property”). (Complaint, ⁋ 5.) Plaintiff insured the Property with CAIC under Policy No. CAHP0000004667 (the “Policy”). (Id., ⁋ 9.) The Policy contains a one-year time limitation to file suit, which states in pertinent part: H. Suit Against US No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started within one year after the date of loss. (Complaint, Exhibit 1, at p. 37.)

On January 8, 2025, Plaintiff alleges she discovered damage to the roof and interior of the Property, caused by wind and rain. (Complaint, ⁋ 10.) On June 4, 2025, Plaintiff reported the

damage to CAIC. (Request for Judicial Notice [“RJN”], Exhibit 1, Denial Letter at p. 1.) On September 3, 2025, CAIC adjuster Justin Ching sent a claim denial to Plaintiff, which included the above limitation language and an explanation of the tolling calculation. (Id. at p. 4.) On April 10, 2026, Plaintiff filed the instant Complaint against CAIC, alleging two causes of action, including: (1) Breach of Contract; and (2) Tortious Bad Faith. (Complaint at pp. 4-5.)

Defendant served notice of the Demurrer on May 13, 2026. No opposition is filed challenging the one year limitations period calculations by Defendant, nor does anything in the Complaint conflict with the dates argued. Therefore, the Demurrer is sustained, but with leave to amend within 30 days.

Dated: September 10, 2026

____________________________ Judge Kory Mathewson

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