Lebet v. Cappobiancho

DOOLING, Jr., J., pro tem.

This is an appeal from a judgment for $106 for damages to the rear of an automobile. Defendants proved in the trial court that plaintiff had been fully compensated for this damage by an insurance carrier. They then urged and urge on appeal that the insurance carrier became subrogated to all of plaintiff’s rights and was the real party in interest under Code of Civil Procedure section 367, and under that section the only party entitled to prosecute the action. They cite Offer v. Superior Court, 194 Cal. 114 [228 Pac. 11].

Plaintiff counters by citing Loggie v.…