Van Winkle v. Allstate Insurance
Opinion
Opinion
Phillips, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND GRANTING PLAINTIFFS LEAVE TO AMEND
Defendant Allstate’s Motion to Dismiss and Motion to Strike came before the Court for hearing on October 28, 2003. After reviewing and considering all papers filed in support of, and in opposition to, the Motions, as well as the arguments advanced by counsel at the hearing, the Court GRANTS Defendant’s Motion to Dismiss and GRANTS Plaintiffs leave to amend.
I. BACKGROUND
A. PLAINTIFFS’ ALLEGATIONS
On or about June 11, 2000, Mr. Johan Reyes (“Reyes”), of New York, rented a 2000 Ford Explorer from Budget Rent-A-Car (“Budget”) located in Los Angeles, California pursuant to a rental agreement. [Complaint (“Compl.”) ¶ 17.] Reyes purchased insurance for the vehicle from Budget but did not list Mr. Chia Chang (“Chang”), also of New York, as a driver of that vehicle. [Id.]
On or about June 11, 2000, Chang was driving the vehicle owned by Budget and rented to Reyes. [Id. ¶ 18.] Chang caused a motor vehicle collision with a vehicle owned by Plaintiff Anne Van Winkle and driven by Plaintiff Gaurasundari Van Winkle (“Plaintiffs”), citizens and residents of Nevada. [Id. ¶¶ 9, 18.] The accident occurred in…