Ramirez

MEMORANDUM *

Maria Ramirez appeals from the district court’s judgment in favor of State Farm Mutual Automobile Insurance Company. The district court held that there was no coverage under the State Farm policy issued to Mallory Shure.

Shure had rented the car involved in the accident and loaned it to the driver, Paul Roach. The rental contract stated that no other drivers were permitted. Ramirez was injured when Roach struck her with the rental car and she obtained a default judgment against him. Ramirez then sued State Farm in an attempt to recover the judgment.

Ramirez first contends that the district court erred in holding that the rental car was not a “temporary substitute car” covered by the policy. A “temporary substitute car” as defined in the policy is a car replacing a car that is unable to be used. This rental car was intended to be an additional car to serve the convenience of the renter. It was not a “temporary substitute car” within the meaning of the policy. See State Farm Mut. Auto. Ins. Co. v. O’Brien, 14 Cal.3d 96, 98-99 , 120 Cal.Rptr. 692 , 534 P.2d 388 (1975) (holding that driver’s decision to use alternate vehicle to avoid inconvenience of stopping at gas…