Charness v. Rand
Filed 2/2/06 Charness v. Rand CA2/3





NOT TO BE PUBLISHED


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





SECOND APPELLATE DISTRICT





DIVISION THREE






FRED M. CHARNESS et al.,

Plaintiffs and Respondents,

v.

GARY RAND et al.,

Defendants and Appellants.
B178199

(Los Angeles County

Super. Ct. No. BC300076)


APPEAL from an order of the Superior Court of Los Angeles County, James R. Dunn, Judge. Order is affirmed.

Evan D. Marshall for Defendants and Appellants.

Gary Rand & Suzanne E. Rand-Lewis and Suzanne E. Rand-Lewis for Plaintiffs and Respondents.



______________________________________________

An insurance company used by a truck rental company paid on a loss under its excess coverage, and wanted to pursue a subrogation action against the insurer that provided primary liability coverage for the truck rental customer (the insured). Its attorney, however, filed a subrogation action against the insured, rather than the insured's carrier (the â€