Muraoka

Plaintiff John Muraoka appeals from the judgment of dismissal entered against him after the trial court sustained without leave to amend the demurrer of defendant Budget Rent-A-Car, Inc. (Budget) to plaintiff’s second amended complaint.

Facts

In substance, the material allegations of plaintiff’s second amended complaint are: Plaintiff was injured on July 31, 1980, when the automobile he was driving was struck by an automobile negligently driven by John Nelson Pennington. Mr. Pennington was driving that automobile with the consent of its owner Budget. Plaintiff immediately notified Budget of the accident. On September 4, 1980, Budget sent plaintiff a letter requesting more information from him and stating that “ ‘upon completion of our investigation, we will immediately contact you further regarding your claim.’” In response to this request, plaintiff sent Budget copies of his medical bills and information regarding his property damage. On October 21, 1980, Budget sent plaintiff the following letter;

On March 11, 1981, Dr. Sakurai, plaintiff’s doctor, released plaintiff from treatment. On April 23, 1981, Budget wrote Dr. Sakurai requesting information regarding…