Mitchell v. Collier
In April 2004 Becky Mitchell sustained serious injuries in an auto collision with a stolen Papa Johns pizza delivery truck. The truck was a blue 2003 Chevrolet Silverado, stolen from a parking lot in Fullerton. The delivery driver left the trucks key in the ignition, and it was subsequently stolen by someone variously described as a vagrant, transient and car thief. Mitchell sued Shawn and Robert Collier, the franchisees of that particular Papa Johns location. The trial court sustained the Colliers demurrer to Mitchells first amended complaint, without leave to amend and Mitchell now appeals. (There is no issue in this appeal concerning any claims that Mitchell might have presented to her own insurance company based on her uninsured motorist coverage; we doubt that the car thief has his own insurance.)
There is no issue in this case that Mitchell possesses any additional facts that she could add to her complaint. Accordingly, the trial court was correct in sustaining the Colliers demurrer to Mitchells first amended complaint and in denying her another opportunity to amend. The judgment is thus affirmed.
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