Payne v. Concha
Plaintiff and appellant Wendell Payne (Payne) appeals a judgment of dismissal following the sustaining without leave to amend of demurrers interposed by defendants and respondents Rudolph Concha (Concha) and Interinsurance Exchange of the Automobile Club (Auto Club) to Payne's third amended complaint.
Payne sued Concha and the Auto Club for falsely claiming Payne was involved in a vehicle accident with Concha on August 17, 2005, while Payne was driving his employer's Freightliner truck. Payne denies his involvement and contends he was falsely implicated in the accident. The trial court sustained defendants' demurrer without leave to amend on the ground an LAPD traffic collision information card (attached as an exhibit to the declaration of defendants' attorney) established Payne's involvement in the accident.
We conclude the trial court erred in looking to evidentiary matter beyond the four corners of the complaint to sustain defendants' demurrers. Whether Payne was involved in the August 17, 2005, accident is a question of fact which cannot be resolved at the demurrer stage. Therefore, the judgment of dismissal is reversed with directions to reinstate the action.
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