Pierson

FACTS AND PROCEEDINGS

The Complaint On October 9, 2018, plaintiff filed a complaint against Rushing and her automobile insurer, CSAA Insurance Services, Inc., and CSAA Insurance Exchange (CSAA). The complaint generally alleged that Rushing drove her car into plaintiff’s unoccupied medical office on October 10, 2016. It alleged causes of action against Rushing for (1) negligence – general, (2) negligent operation of a motor vehicle – business disruption, (3) negligence – personal injury, (4) intentional infliction of emotional distress, and (5) negligent business interference with projected economic advantage. It also alleged the fifth cause of action against CSAA, and it alleged a sixth cause of action for breach of contract solely against CSAA on the basis that CSAA failed to act in good faith. Plaintiff sought damages including punitive damages. Demurrers and Motion to Strike Punitive Damages Claim Rushing demurred to the fourth cause of action for intentional infliction of emotional distress, and the fifth cause of action for negligent business interference with projected economic advantage. The trial court sustained the demurrers on the basis that plaintiff’s complaint failed…