21st Century Ins. v. Super. Ct. 6/14/07 CA4/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: D049430

Case Date: 09/25/2007

Preview:Filed 6/14/07 21st Century Ins. v. Sup. Ct. CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL - FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

21ST CENTURY INSURANCE COMPANY, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent;

D049430 (San Diego County Super. Ct. No. GIC857010)

SILVIA QUINTANA, Real Party in Interest.

PROCEEDINGS in mandate after the superior court denied petitioner's demurrer to first amended complaint. Kevin A. Enright, Judge. Petition granted.

21st Century Insurance Company (21st Century) petitions for a writ of mandate challenging the trial court's denial of its demurrer to the first amended complaint filed by Sylvia Quintana. The legal issue in this case is identical to the issue in Allstate Insurance

Company v. Superior Court (Delanzo) (2007) __ Cal.App.4th ___, filed simultaneously with this opinion. Based on Delanzo, we conclude the court erred in overruling 21st Century's demurrer. We thus grant 21st Century's petition for writ of mandate, and order the court to vacate its order overruling 21st Century's demurrer and enter a new order sustaining the demurrer. FACTUAL AND PROCEDURAL BACKGROUND Quintana filed a class action complaint against 21st Century, her former automobile insurer. As amended, the complaint alleged that Quintana's former automobile policy with 21st Century included first party, no-fault medical payments insurance coverage (med-pay coverage). On December 8, 2003, Quintana allegedly suffered injuries resulting from an automobile accident with a third party. Under the policy's med-pay coverage provisions, 21st Century paid $1,000 to Quintana. Quintana then settled her claim against the third party tortfeasor for $6,000, and received the settlement payment in full. Quintana allegedly incurred attorney fees of $2,000 and costs of $106.50 (for a total of $2,106.50) to obtain this settlement. 21st Century then requested that Quintana repay the $1,000 under 21st Century's reimbursement provision, which states: "REIMBURSEMENT TO US - PART II [

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