General Motors Corp. v. Superior Court

Petitioner General Motors Corporation (General Motors) sought summary judgment on the ground that the real party in interest, James Ticich (Ticich) had relinquished his right to pursue this action against it when he executed a release of “any and all persons, firms, and corporations.” We hold that this general release operates to release General Motors even though it was not specifically named or identified in the release, and that the trial court, therefore, erred in denying summary judgment. Accordingly, we will grant the petition and direct the superior court to grant General Motors’ motion for summary judgment.

Factual and Procedural Background

This action arises out of an automobile accident that occurred in September 1987, between a vehicle driven by Charlotte Martinez and a 1984 Buick Century driven by Yvonne Ticich, the wife of real party Ticich. Yvonne Ticich died several days later as a result of injuries sustained in this collision.

Ticich retained the law firm of Robert D. Andrews to represent him and his children. Andrews’s office contacted Buick Motors Corp. in December 1987, to advise it of a possible products liability claim against it as a result of…