Cuadros

Petitioner seeks a writ of mandate following the superior court’s denial of her motion to amend her personal injury complaint.

Petitioner alleges damages caused when she was rear-ended by the driver of a vehicle rented from a Budget Rent-A-Car franchise located at 2422 Wilshire Boulevard, Santa Monica, California. Immediately following the accident, petitioner’s counsel directed correspondence to “Budget Rent-A-Car” at that address. He wrote, “My investigation has revealed that your company owned the vehicle . . . which rear-ended my client.”

“Budget Rent a Car of Brentwood” (Budget Brentwood), 444 West C Street, San Diego, responded, “this office does handle all matters pertaining to automobile accidents on behalf of Budget Brentwood.” Petitioner’s counsel was asked to forward three estimates of any property damage loss and to advise Budget Brentwood of the nature and extent of any bodily injuries suffered.

In February 1988, Budget Brentwood forwarded a check in the amount of $278 in full payment of petitioner’s claim for property damage. The check, drawn on a “disbursement account,” was issued by an entity designated as “Budget Rent-A-Car,” located at 2300 Wilshire…