Wilson
Wilson v. Interinsurance Exchange of the Automobile Club CA4/1
Opinion
Opinion
Rubin, J.
I. INTRODUCTION
Sean Wilson and Chet Johnston1 (collectively Appellants) appeal from judgments of dismissal of their individual claims entered after the trial court granted motions for summary judgment brought by respondents Interinsurance Exchange of the Automobile Club, Auto Club Enterprises, and Automobile Club of Southern California (Auto Club). The trial court concluded Appellants lacked standing because their personal claims and damages were incidental to injuries suffered by corporate plaintiffs, which they owned: S&J Builders and Restoration Services, Inc. (S&J), a California corporation, and The Home Improvement Company, Inc. (THIC), a dissolved California corporation. Further, Auto Club did not owe a duty to Appellants independent of their status as shareholders of their companies. According to Appellants, the trial court erred because Auto Club failed to establish that Appellants lacked standing to pursue their individual claims in the operative complaint for three reasons: (1) Appellants seek to recover for injuries separate from the injury to the value of the corporate stock; (2) as closely held corporations, case law permits Appellants to retain their own personal…