Bailhe v. Mercury Casualty Co. P. v. Mora
Filed
1/29/07 Bailhe v. Mercury Casualty Co. P. v. Mora CA2/1
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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
ONE
JACQUES BAILHE,
Plaintiff and
v.
MERCURY CASUALTY COMPANY et
Defendants and
| B185508
(Los Angeles County Super. Ct. No. LC064771)
|
APPEAL from a judgment of the Superior Court of Los Angeles
County, Bert Glennon, Jr., Judge. Affirmed.
Law Offices of Patrick C. McGarrigle, Patrick C.
McGarrigle and Philip A. Zampiello for Plaintiff and Appellant.
Hager & Dowling, Thomas J. Dowling and
Jessica M. Johnson for Defendants and Respondents.
______________________________
This is a third
party bad faith case against an insurer. We reject the plaintiff's claims of
error and affirm a judgment in favor of the insurer.
FACTS
A.
On February 27, 1998, Jacques Bailhe and Jason Brenna had an automobile accident. In December, Bailhe sued Brenna for
property damage. Brenna's insurer, Mercury Casualty Company, retained counsel
for Brenna (Marc Levine) and provided a defense.
Before trial, Mercury sent Bailhe two checks,
one in June 1998 for $4,712.01, the other in November 1998 for $3,960.[1] The November check
had a box with the following notation:
IN FULL
SETTLEMENT OF P.D. CLAIMS ARISING
OUT
OF AN INCIDENT ON FEBRUARY 27, 1998
On June 28, 2001, the dispute was tried to the court (Hon. Barry A. Taylor), and a judgment was rendered in favor of Bailhe
in the amount of $12,109.50 ($3,767.59 for a replacement car rental, $2,179.81
for repairs to Bailhe's car, $1,000 for â€
| Description | On February 27, 1998, Jacques Bailhe and Jason Brenna had an automobile accident. In December, Bailhe sued Brenna for property damage. Brenna's insurer, Mercury Casualty Company, retained counsel for Brenna (Marc Levine) and provided a defense. Before trial, Mercury sent Bailhe two checks, one in June 1998 for $4,712.01, the other in November 1998 for $3,960. The November check had a box with the following notation: IN FULL SETTLEMENT OF P.D. CLAIMS ARISING OUT OF AN INCIDENT ON FEBRUARY 27, 1998 On August 22, Judge Marcus heard argument on the order to show cause he had issued, then told the lawyers he thought it ought to be heard by Judge Taylor. On October 29, the order to show cause was heard by Judge Taylor, who on November 20 issued an order imposing monetary sanctions against Mercury (not Brenna or Levine), as follows: "After reviewing the papers submitted, and hearing oral argument of counsel, the court determined that Mercury . . . did not comply with the court's judgment dated June 29, 2001. As a result, sanctions shall be awarded against Mercury in the amount of $5,000, to be paid to [Bailhe], and sanctions in the amount of $1,000 to be paid to the court . . . ." The sanctions were paid as ordered. |
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