Graciano
Graciano v. Mercury General Corp.
Court of Appeal of CaliforniaNovember 13, 2014D061956California8,681 words
Opinion
Opinion
Mcdonald, J.
Filed 10/17/14; mod. & pub. orders 11/12/14 (see end of opn.)
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
SONIA GRACIANO, D061956
Plaintiff and Respondent,
v. (Super. Ct. No. 37-2010-00055207-CU-IC-NC) MERCURY GENERAL CORPORATION et al.,
Defendants and Appellants.
APPEAL from a judgment of the Superior Court of San Diego County, Timothy
M. Casserly, Judge. Reversed.
Hager Dowling Lim & Slack, John V. Hager and Alison M. Bernal for Defendants
and Appellants.
Dabney Finch and Carla DeDominicis for Plaintiff and Respondent.
Plaintiff Sonia Graciano suffered severe injuries when she was struck by a car
driven by Saul Ayala (Saul). Saul was insured by a policy issued by defendant California
Automobile Insurance Company (CAIC), which had policy limits of $50,000. Less than
three weeks after Graciano's attorney first contacted CAIC alleging Graciano was injured by one of CAIC's insureds, during which time Graciano misidentified both the name of
the driver and the applicable insurance policy, CAIC completed its investigation of…