Allstate Indemnity v. Sup. Ct.
Allstate Indemnity Company (Allstate Indemnity) petitions for a writ of mandate challenging the trial court's denial of its demurrer to the first amended complaint filed by Donna Collins. 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, Court conclude the court erred in overruling Allstate Indemnity's demurrer. Court thus grant Allstate Indemnity's petition for writ of mandate, and order the court to vacate its order overruling Allstate Indemnity's demurrer and enter a new order sustaining the demurrer.
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