Davaloo v. State Farm Insurance Co.
California Court of Appeal
37 Cal. Rptr. 3d 528 (2005)
The California legislature adopted a statute reviving certain claims against insurers for losses caused by the January 17, 1994 Northridge earthquake. Under California Code of Civil Procedure § 340.9, lawsuits for claims from the 1994 earthquake could be brought within one year of the January 1, 2001 effective date of the statute, which meant no later than December 31, 2001. On December 31, 2001, Homie Davaloo (plaintiff) and Maurice and Suzie Abdel-Messih (plaintiffs) sued State Farm Insurance Company (State Farm) (defendant). Except for the case captions, the complaints were identical. The complaints only contained generic allegations of failure to pay policy benefits for earthquake damage from the Northridge earthquake. The complaints did not list the plaintiffs’ address, the policy number, policy limits, or any other term of the plaintiffs’ insurance policies. The complaints did not attach a copy of the insurance policy, and no specific facts were alleged regarding any claim by the plaintiffs for policy benefits or any response from State Farm to a claim. State Farm demurred, or moved to dismiss, alleging that the complaints did not meet the basic fact-pleading requirement. In response, in June 2003, the plaintiffs filed amended complaints. State Farm demurred again. The trial court found that the amended complaints did not relate back to the original complaints and, therefore, were time-barred. The plaintiffs appealed to the California Court of Appeal.
Rule of Law
Holding and Reasoning (Perluss, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.