White v. Allstate Ins. Co.

Filed 5/23/06 White v. Allstate Ins. Co. CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

APPEAL from a judgment of the Superior Court of Los Angeles County, Anthony J. Mohr, Judge. Affirmed.

Shirley Bonita White, in pro. per., for Plaintiff and Appellant.

Luce, Forward, Hamilton & Scripps, Peter K. Klee, John T. Brooks and Tracey L. Angelopoulos for Defendants and Respondents.

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An insured's home was damaged in the Northridge earthquake in 1994. The insured made a claim with her insurer, and received payment on the claim. She sold the home in 1996. She died in 2000. On December 31, 2001, her daughter brought suit against the insurer, alleging causes of action for breach of contract, bad faith, and negligence with respect to handling the claim. As the daughter was not an insured, and did not provide a basis for standing to pursue her mother's cause of action, the trial court granted summary judgment. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Shirley Parent owned a home in Granada Hills, which was damaged in the Northridge earthquake. Parent had a policy of homeowners insurance issued by Allstate Insurance Company. She made a claim for damages, for which she was paid in excess of $60,000. The final payment was made in October 1994. Parent sold her house in 1996. Parent died in 2000.

On December 31, 2001, Parent's daughter, Shirley White, was one of over fifty named plaintiffs in a bad faith action brought against Allstate. White was alleged to have been â€