Freudenberger
Freudenberger v. Allstate Insurance
Opinion
Opinion
Gonzalez, J.
ORDER GRANTING DEFENDANT ALLSTATE’S MOTION FOR SUMMARY JUDGMENT [DOC. #5]
Defendant’s motion for summary judgment came on regularly for hearing in Courtroom 13 of this Court, the Honorable Irma E. Gonzalez, District Judge, presiding. James A. Testa, Esq. of Testa & Associates appeared on behalf of plaintiffs Grace & Victor Freudenberger. Charles A. Danaher, Esq. of Luce Forward Hamilton & Seripps appeared on behalf of defendant Allstate Insurance Company.
BACKGROUND
Judgment creditors Grace and Victor Freudenberger seek through a “direct action” pursuant to Insurance Code § 11580(b)(2) to recover compensatory damages for the alleged breach of an insurance contract that existed between Gordon and Barbara Parker, the parents of judgment debtor Gary Parker, and defendant Allstate Insurance Company (“Allstate”). The following uncontroverted facts gave rise to the instant motion.
On June 23, 1993, then nineteen-year-old Gary Parker was riding a skateboard while walking his dog along a sidewalk on Carlsbad Boulevard in Carlsbad, California. He collided with plaintiff Grace Freudenberger from behind as she walked down the sidewalk with her husband. As a result of the accident, she…