Levy

Plaintiffs Eugene Levy and Sharon Battle challenge the judgment entered after the trial court sustained defendant State Farm Mutual Automobile Insurance Company’s (State Farm) demurrer to plaintiffs’ fifth amended complaint without leave to amend, granted State Farm’s motion to strike class action allegations without leave to amend, and granted defendant’s motion to dismiss Battle on the grounds of forum non conveniens. Plaintiffs contend they have properly alleged both individual and class claims arising from State Farm’s practice of omitting certain labor and material costs from its repair estimates, and using its own contracted repair shops in its survey to determine the prevailing competitive repair labor rates included in its estimates.

We conclude the trial court properly sustained State Farm’s demurrers without leave to amend. State Farm’s insurance policy obligated it to repair its insureds’ vehicles to their preaccident condition: The fifth amended complaint fails to describe how following State Farm’s repair estimates would not have restored Levy’s or Battle’s vehicles to their preaccident condition. Instead, the complaint alleges State Farm’s repair estimates…