Walker

I. Introduction

Appellants filed suit on behalf of a putative class of automobile insurance customers against over 70 insurers, including respondents Allstate Indemnity Company (Allstate) and Farmers Insurance Exchange (Farmers), and Charles Quackenbush in his capacity as the Insurance Commissioner of the State of California. Appellants’ complaint alleged four causes of action against the insurers, each seeking damages or disgorgement of allegedly excessive premiums that the insurers have been authorized to collect since September 29, 1994. The trial court granted the insurers’ demurrers without leave to amend. We will affirm the resulting judgment.

II. Factual and Procedural Background

In order to understand the complaint filed herein, some background regarding Proposition 103 and insurance regulation in California is required. We borrow a succinct description written by now Chief Justice (and then Acting Presiding Justice) George:

“The passage of Proposition 103 made ‘numerous fundamental changes in the regulation of automobile and other types of insurance.’ [Citation.] Prior to passage of the initiative, California was ‘a so-called “open rate” state, that is, rates…