California Court of Appeal

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Maystruk v. Infinity Ins. Co., B209404

In a dispute involving insurance liability coverage, trial court judgment sustaining defendant's demurrer is affirmed where: 1) plaintiff's claim that Insurance Code sec. 758.5 requires insurers to pay 100 percent of the reasonable repair costs incurred at any facility of the insured's choice is without merit; and 2) plaintiff has failed to establish that the court abused its discretion in denying leave to amend.

Appellate Information

  • Decided 07/09/2009
  • Published 07/09/2009




  • California Court of Appeal


  • For Appellant:
  • Kingsley & Kingsley, George R. Kingsley, Brian Levine, and Eric Kingsley, Encino, for Plaintiff and Appellant., Edmund G. Brown, Jr., Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Kathrin Sears and Paul Stein, Deputy Attorneys General, for Amicus Curiae Attorney General, State of California, on behalf of Plaintiff and Appellant., Harvey Rosenfield, Pamela Pressley, Santa Monica, and Todd M. Foreman, for Amicus Curiae Consumer Watchdog, on behalf of Plaintiff and Appellant.

  • For Appellees:
  • Luce, Forward, Hamilton & Scripps, Peter H. Klee, and John T. Brooks, San Diego, for Defendant and Respondent.
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