Doe

Doe v. Cal. Capital Insurance Co. CA2/6

Good Law
Court of Appeal of CaliforniaFebruary 17, 2026B343169California1,290 words

Opinion

Opinion

Cody, J.

DISCUSSION

Standard of Review “In reviewing an order sustaining a demurrer, we examine the operative complaint de novo to determine whether it alleges facts sufficient to state a cause of action under any legal theory.” (T.H. v. Novartis Pharmaceuticals Corp. (2017) 4 Cal.5th 145, 162.) “‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.’ [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Insurance Code Section 11580 Jane Does bring causes of action under section 11580, which “requires that liability insurance policies, with exceptions not relevant here, contain a provision stating that ‘whenever judgment is secured against the insured . . . in an action based upon bodily injury, death, or property damage, then an action may be brought against the insurer on the policy and subject to its terms and limitations, by such judgment creditor to recover on the judgment.’ [Citation.] If that provision does not appear…

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