Mora
Mora v. Menjivar
Opinion
Opinion
Smiley, J.
I. BACKGROUND
A. The Insurance Dispute The parties’ initial dispute arose from a motor vehicle accident in which Mora’s daughter, who was driving Mora’s vehicle, crashed into Menjivar as
* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this
opinion is certified for publication with the exception of part II.C. 1 All statutory references are to the Code of Civil Procedure.
2 “ ‘SLAPP’ is an acronym for ‘strategic lawsuit against public
participation.’ ” (Baral v. Schnitt (2016) 1 Cal.5th 376, 381, fn. 1.) he allegedly ran a red light. Menjivar’s automobile insurer, Allstate Insurance (Allstate), accepted liability and directed Mora to take his vehicle to a body shop for repairs. MAACO Body Shop (MAACO) was selected and Allstate wrote a check for $10,511.74, based on repair estimates. 3 The check named MAACO and Mora as payees, but Allstate sent the check to MAACO. Someone other than Mora endorsed the check and cashed it. Mora alleged that MAACO did not conduct any repairs to his vehicle and therefore requested direct compensation from Allstate, which Allstate refused. Mora filed suit, alleging property damage and naming Menjivar and Campos as defendants…