Omaha Indemnity Co. v. Superior Court

Gary E. Hickman for Real Parties in Interest.

OPINION

GILBERT, J.

An attorney files a writ petition with the Court of Appeal pointing out an apparent error of the trial court. The Court of Appeal summarily denies the petition. The bewildered attorney asks, "Why?"

If this case does not answer the question, we hope the following rule will at least assuage counsel's frustration: (1) Error by the trial judge does not of itself ensure that a writ petition will be granted. A remedy will not be deemed inadequate merely because additional time and effort would be consumed by its being pursued through the ordinary course of the law. ( Rescue Army v. Municipal Court (1946) 28 Cal.2d 460 [ 171 P.2d 8 ].)

In this action, plaintiffs are suing defendants for negligence. They are also suing defendants' insurance company in a cause of action for declaratory relief. Plaintiffs claim that they are third party beneficiaries of this insurance contract. The trial court has denied the motion of the insurance company to sever the declaratory relief cause of action, and the insurance company therefore seeks relief by way of extraordinary writ. We initially denied the writ, but after our Supreme…