Heckart

Heckart v. A-1 Self Storage, Inc.

Good Law
196 Cal. Rptr. 3d 504·2015 Cal. App. LEXIS 1167·243 Cal. App. 4th 525
Court of Appeal of CaliforniaDecember 30, 2015D066831California3,831 words

Opinion

Lead Opinion

McIntyre, J.

*528 In this case, we conclude an addendum to a storage unit rental agreement, which modified the agreement's allocation of liability for damage or loss to stored property, was not "insurance" subject to regulation under Article 16.3 of the Insurance Code concerning self-service storage agents. Rather, the addendum was dependent on the rental agreement whose principal object was the rental of storage space. Thus, the storage facility that offered the addendum did not engage in the unlicensed sale of insurance.

Samuel Heckart brought this action against A-1 Self Storage, Inc. (A-1), Caster Properties, Inc., Caster Family Enterprises, Inc., Caster Group LP (Caster Group), and Deans & Homer (together, Defendants) for violations of the Unfair Competition Law (Bus. & Prof.Code, § 17200 et seq. (the UCL)), violations of the Consumers Legal Remedies Act (Civ.Code, § 1750 et seq. (the CLRA)), negligent misrepresentation, and civil conspiracy. Heckart alleged A-1's sale of a Customer Goods Protection Plan (the Protection Plan) in connection with its rental of storage space constituted unlicensed sale of insurance. The trial court sustained Defendants' demurrer to Heckart's first amended…

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