Tricor California, Inc. v. Superior Court

Petitioner Tricor California, Inc., Tricor America Inc., and Tricor International (Tricor) seek a writ of mandate directing the respondent court (1) to vacate its order sustaining without leave a demurrer to a cause of action asserted against the real party in interest State Compensation Insurance Fund (State Fund) and (2) to enter a new and different order overruling that demurrer.

Tricor’s claim, to which its requested relief is directed, is based on an alleged violation of California’s Unfair Practices Act (Ins. Code, § 790.03, subd. (h)). The Supreme Court, in its decision in Moradi-Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287 [ 250 Cal.Rptr. 116 , 758 P.2d 58 ] (Moradi-Shalal), concluded that no private right of action exists in favor of third party claimants under that statute. As we are persuaded that the reasoning of that decision applies equally well to first party claims asserted by an insured, and the trial court’s ruling was therefore correct, we deny the writ.

Factual and Procedural Background

Given the limited issue presented by Tricor’s petition, only a brief summary of the factual context in which it arises is required.

State Fund was,…