Beach

Beach v. Harco National Insurance

Good Law
1 Cal. Rptr. 3d 454·110 Cal. App. 4th 82
Court of Appeal of CaliforniaJuly 29, 2003C039243California4,643 words

Opinion

Opinion

Hull, J.

When plaintiff Kevin Beach filed a complaint alleging breach of the covenant of good faith and fair dealing, defendant Harco National Insurance Company (Harco) responded by filing a motion to strike under the “anti-SLAPP” (strategic lawsuit against public participation) statute, Code of Civil Procedure section 425.16. (Further undesignated statutory references are to the Code of Civil Procedure.) The trial court denied the motion, and defendant appeals. (§ 425.16, subd. (j).) We affirm the judgment.

FACTS AND PROCEDURAL HISTORY

The nature of this appeal requires a detailed chronology of events.

Plaintiff was a truck driver. On the night of February 1, 1996, he pulled over his rig to the side of the road to help another truck driver who was having problems. Plaintiff’s daughter, who was riding as a passenger with her father, got out of the truck and stood by the side of the road. She was struck by a car driven by Jason Abbott, an uninsured motorist, and was seriously injured. The traffic collision report ascribed fault to Abbott but also noted that plaintiff, by leaving his headlights on high-beam and pointing them into oncoming traffic, contributed to the…

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