Jackson v. State Farm Mutual Automobile Insurance

Plaintiff Arlie Jackson appeals from a judgment of dismissal after the trial court sustained the demurrer of defendant State Farm Mutual Automobile Insurance Company to the first amended complaint without leave to amend.

Facts

The material allegations of the first amended complaint are as follows: On September 25, 1980, plaintiff’s parked automobile was demolished when Kathleen Apodaca so negligently operated her automobile that she collided with plaintiff’s automobile. At the time of the collision, Ms. Apodaca was insured for liability insurance by defendant. Immediately after the mishap, plaintiff demanded that defendant pay for the damage to his car. Defendant refused. On or about February 23, 1981, plaintiff filed an action in Santa Monica Municipal Court against Kathleen Apodaca (improperly named Kathryn Apodoca), Victor Russo and Doe defendants for damages caused by the collision. On October 9, 1981, plaintiff made a written demand for settlement from defendant. Defendant would not negotiate.

On December 5, 1981, plaintiff again made yet another settlement demand on defendant. Defendant offered a $25 settlement to plaintiff for the loss of the car which was…