Mercury Casualty Co. v. Superior Court

Opinion

ASHBY, J.

The issue in this original proceeding is whether a plaintiff who prevails in a personal injury action but is unsatisfied with the damage award may collaterally attack the judgment by filing a new action against an insurance company and a physician who testifies favorably to the defense, on the theory that the disappointing verdict resulted from the witness’ allegedly false testimony. We hold that plaintiff has not stated a cause of action and the respondent court erred in overruling petitioner’s demurrer to plaintiff’s first amended complaint.

In 1978, plaintiff/real party in…