California State Automobile Ass'n v. Superior Court

I concur in the result of the majority opinion insofar as it upholds overruling the demurrer of CSAA by the trial court. I respectfully dissent from the unnecessary suggestion that *1435 the solution to the timing problem raised by CSAA is to try the declaratory relief complaint prior to trial of the cross-complaint.

As to the principal question, the majority opinion points to the heart of the matter: Royal Globe Ins. Co. v. Superior Court (1979) 23 Cal.3d 880 [ 153 Cal.Rptr. 842 , 592 P.2d 329 ] is not controlling because the purpose of that holding is to serve the policy behind Evidence Code section 1155 and that policy is not implicated in this case. The fact of insurance cannot be suppressed in an action on a contract of insurance. Moreover, even if section 1155 were implicated, in a bilateral action this could not warrant a demurrer. The statutory basis for sustaining a demurrer in Royal Globe is misjoinder of parties, a ground for special demurrer. (Code Civ. Proc., § 430.10, subd. (d); see 5 Witkin, Cal. Procedure (3d ed. 1985) Pleading, § 923.) Here there is no such ground. There can be no claim of misjoinder of parties; the claim is really misjoinder of issues. Such…

Anderson & Goff and Sharon Hoyle for Real Parties in Interest.

OPINION

CARR, J.

Petitioner California State Automobile Association, Inter-Insurance Bureau (CSAA) seeks mandate directing the superior court to vacate its order of May 30, 1985, overruling CSAA's demurrer, and to enter an order sustaining the demurrer to the first amended cross-complaint filed by real parties in interest, Robert and Twyla Sousa. We issued an alternative writ of mandate to permit review and resolution of the issues presented. After such review, we have concluded the relief sought should be denied.

On October 7, 1982, Twyla Sousa was injured in a three-car collision on Interstate 80 in Sacramento County. Her car was rear-ended by a vehicle driven by John Jewusiak, who was in turn hit by a car driven by an unidentified motorist who left the scene of the accident.

Sousa's insurance policy with CSAA included uninsured motorist coverage. Jewusiak was insured for liability insurance with Allstate Insurance Company. Sousa wrote to CSAA and Allstate in July 1983, specifying her injuries and demanding $14,555.26 in special damages and $30,000 in general damages. On October 6, 1983, Sousa filed a complaint…

Petitioner California State Automobile Association, Inter-Insurance Bureau (CSAA) seeks mandate directing the superior court to vacate *1430 its order of May 30, 1985, overruling CSAA’s demurrer, and to enter an order sustaining the demurrer to the first amended cross-complaint filed by real parties in interest, Robert and Twyla Sousa. We issued an alternative writ of mandate to permit review and resolution of the issues presented. After such review, we have concluded the relief sought should be denied.

Factual and Procedural Background

On October 7, 1982, Twyla Sousa was injured in a three-car collision on Interstate 80 in Sacramento County. Her car was rear-ended by a vehicle driven by John Jewusiak, who was in turn hit by a car driven by an unidentified motorist who left the scene of the accident.

Sousa’s insurance policy with CSAA included uninsured motorist coverage. Jewusiak was insured for liability insurance with Allstate Insurance Company. Sousa wrote to CSAA and Allstate in July 1983, specifying her injuries and demanding $14,555.26 in special damages and $30,000 in general damages. On October 6, 1983, Sousa filed a complaint against Jewusiak. In November…