Legal Opinion

Newell v. State Farm General Insurance

California Court of Appeal

Decided April 26, 2004No. B157114PublishedCited by 25 opinions

1Opinion of the Court

Opinion

PERLUSS, P. J.

Plaintiffs, proposed class representatives, appeal from the trial court’s order sustaining a demurrer without leave to amend to the class action allegations in their complaint against their homeowners’ insurance carriers regarding claims for policy benefits for damages incurred by the Northridge earthquake. The trial court found there was no reasonable possibility plaintiffs could satisfy the community of interest requirement for class certification and class treatment was not the superior method for resolving the litigation. We agree and affirm.

FACTUAL AND PROCEDURAL…

2Cases cited13 opinions

  1. Aubry v. Tri-City Hospital DistrictCalifornia Supreme Court · 1992
  2. Goodman v. KennedyCalifornia Supreme Court · 1976
  3. Linder v. Thrifty Oil Co.California Supreme Court · 2000
  4. Caro v. Procter & Gamble Co.California Court of Appeal · 1993
  5. Hicks v. Kaufman & Broad Home Corp.California Court of Appeal · 2001

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3Cited by25 opinions

  1. Ghazaryan v. Diva Limousine, Ltd.California Court of Appeal · 2008
  2. Berger v. California Insurance Guarantee Ass'nCalifornia Court of Appeal · 2005
  3. Johnson v. GlaxoSmithKline, Inc.California Court of Appeal · 2008
  4. Aguiar v. Cintas Corp. No. 2California Court of Appeal · 2006
  5. Tucker v. Pacific Bell Mobile ServicesCalifornia Court of Appeal · 2012

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