Kupiec

Kupiec v. American International Adjustment Co.

Good Law
1 Cal. Rptr. 2d 371·1991 Cal. App. LEXIS 1288·235 Cal. App. 3d 1326·91 Daily Journal DAR 13881·91 Cal. Daily Op. Serv. 8980
Court of Appeal of CaliforniaNovember 8, 1991D011359California2,052 words

Opinion

Opinion

Benke, J.

—Monette Kupiec argues the trial court erred in sustaining without leave to amend a general demurrer to her second amended complaint. That complaint sought damages from Landmark Insurance Company (Landmark) and American International Adjustment Company (American) and others for alleged tortious interference with an earlier insurance claim and civil action, intentional concealment of evidence and intentional infliction of emotional distress. Kupiec contends, contrary to the conclusion of the trial court, the complaint stated facts sufficient to support each cause of action.

I

Background

We state the facts as alleged in Kupiec’s complaint. In 1973 Kupiec, an artist, was commissioned by the Hotel Del Coronado Corporation to execute on a removable canvas an oil painting entitled Hotel Del Coronado Tent City, Circa 1904. The 14- by 17-foot painting was completed in 1973 and hung in the Hotel Del Coronado. Kupiec retained all rights in the painting except that of physical possession. In the spring of 1984, Kupiec discovered the painting was no longer in place and that a wall covering was installed where the painting had been displayed.

Kupiec inquired concerning the…

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