Cuevas

Cuevas v. Truline Corp.

Good Law
118 Cal. App. 4th 56·12 Cal. Rptr. 3d 706·2004 Cal. App. LEXIS 624·2004 Daily Journal DAR 5073·2004 Cal. Daily Op. Serv. 3646
Court of Appeal of CaliforniaApril 28, 2004B163733California1,797 words

Opinion

Opinion

Rubin, J.

Denise Cuevas, through her guardian ad litem Anna Cuevas, and John and Anna Cuevas appeal from the dismissal of their negligence claim against Truline Corporation and Jose Leonidas Martinez. We reverse and remand.

FACTS AND PROCEDURAL BACKGROUND

In October 1997, appellant Denise Cuevas was a passenger in a car being driven by David Thomas Garcia, Jr. Garcia ran a stop sign, and a big rig tractor trailer plowed into the car. Cuevas suffered catastrophic brain injuries, leaving her incompetent. Cuevas and her parents, appellants John and Anna Cuevas, sued Garcia and the owners of the car he was driving, Jose and Nora Sauceda, for negligence. They also sued the big rig’s owner, respondent Truline Corporation, and its driver, respondent Jose Leonidas Martinez, for negligence.

The Cuevases offered to settle with Garcia and the Saucedas for the $30,000 limits of their auto liability policies. The insurers rejected the offer, following which Garcia and the Saucedas sued the insurers for bad faith. Because resolution of the bad faith suit required a judgment against Garcia and the Saucedas in the underlying negligence lawsuit (Hamilton v. Maryland Casualty Co. (2002) 27…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.