Tentative ruling issued by Judge Joel R. Wohlfeil on Jul. 18, 2017 in San Diego County, CA - Case no: xxxxxCTL

The special and general Demurrer (ROA # 37) to each cause of action within the First Amended Complaint ("FAC"), as asserted by Defendant CHICAGO TITLE INSURANCE COMPANY ("Defendant"), is OVERRULED.

The causes of action set forth within the FAC are not ambiguous or unintelligible. Code Civ. Proc., § 430.10(f).

Regarding the general Demurrer, the allegations within the FAC sufficiently allege that Plaintiff incurred damages due to the initial unmarketability of the property. Even though Plaintiff was eventually able to re-finance the property (i.e., "market" the property to a lender), damages were incurred addressing the encroachment issues that initially made the property unmarketable. As alleged, the property was unmarketable when the subject title insurance policy issued. Therefore, the FAC sufficiently pleads the existence of covered damages via "Covered Risk 29."

Defendant's Request (ROA # 38) for judicial notice, is GRANTED.

*************….....