Myles

Filed 7/31/14 Myles v. Farmers Group CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

TOMMIE L. MYLES,

Plaintiff and Appellant,

A139522

v. FARMERS GROUP, INC., et al., (Contra Costa County Super. Ct. No. MSC 12-02784) Defendants and Respondents.

Plaintiff Tommie L. Myles has filed two lawsuits against the insurer of a driver who caused damage to his vehicle. This appeal arises out of the second lawsuit. On appeal, Myles claims that res judicata principles do not preclude his second lawsuit and that his direct action against the negligent party’s insurance company is not barred by Moradi-Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287 (Moradi-Shalal). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Accident The underlying action arises…