California Court of Appeal

Reset A A Font size: Print

In re Ins. Installment Fee Cases, D057138

In plaintiffs' putative class action against State Farm Mutual Automobile Insurance Company, alleging breach of contract and other related causes of action, the judgment of the trial court is: 1) affirmed as to its judgment sustaining defendant's demurrer to plaintiffs' cause of action for breach of contract because the installment fee is not a premium; 2) affirmed as to the judgment sustaining defendant's demurrer to the cause of action under the UCL where charging policyholders the installment fee in exchange for the right to pay premiums in installments is not an unfair business practice; and 3) reversed as to the trial court's postjudgment order requiring defendant to pay costs in providing notice to putative class members that plaintiffs sought discovery of their contact information and installment fee payment information, because the court should have awarded those costs to defendant as a prevailing party.

Appellate Information

  • Decided 12/13/2012
  • Published 12/13/2012

Judges

  • O'Rourke

Court

  • California Court of Appeal

Counsel