Industrial Indemnity Co. v. Superior Court

This is a timely petition for a writ of mandate pursuant to Code of Civil Procedure section 437c, subdivision (/ ). We grant a peremptory writ in the first instance, holding that there are no damages available to a private litigant under Business and Professions Code section 17203, and that there is no private action under Insurance Code section 790.03, subdivision (h).

Facts

The Booths (real parties in interest) owned a mobilehome in Santa Cruz. As lot owners, they were members of the homeowners association, -Montvalle of Santa Cruz, Inc., a California corporation (Montvalle). Montvalle had a policy of property and liability insurance from petitioner, Industrial Indemnity Company (Industrial Indemnity). A landslide caused mud and dirt to slide from property of Montvalle onto the lot owned by the Booths. They sued Montvalle, and that suit was defended and settled by the insurer.

In the present suit, the Booths sued Industrial Indemnity, seeking compensatory and punitive damages on a number of theories including violation of the provisions of the Business and Professions Code forbidding unfair competition (the second cause of action) and violation of their rights as a…