No Good Deed Goes Unpunished Because Court Refused to Ignore Pro Se Plaintiff

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After an automobile accident involving Neco Moss on the eastbound 210 freeway in Fontana, California. 

In Neco Moss v. 21st Century Insurance Company, E074487, California Court of Appeals, Fourth District, Second Division (April 7, 2022) Moss claimed that 21st Century defrauded him by refusing to provide a lawyer to sue the other drivers involved in the accident.

The only issue at the summary judgment stage was whether the evidence was sufficient to go forward to trial on Moss’s cause of action against 21st Century-whether they had committed fraud by telling Moss they would hire an attorney to sue the other drivers on his behalf.

SUMMARY JUDGMENT

The adjuster’s declared that 21st Century received copies of lawsuits Moss had filed against the other drivers, their insurers, and other parties.. 

The trial judge granted 21st Century’s motion and later issued a written ruling stating that 21st Century met its initial burden on the issues of detrimental reliance, causation, and damages, and Plaintiff fails to submit evidence raising any disputed issues of material fact in response.

ANALYSIS

The policy and the declarations of two adjusters negated the misrepresentation and justifiable reliance elements essential to Moss’s fraud claim and shifted the burden to Moss to set forth the specific facts showing that a triable issue of material fact exists as to those elements. 

The Court of Appeal concluded that trial judge correctly granted summary judgment in 21st Century’s favor. 

ZALMA OPINION

This entire lawsuit and appeal was idiotic, brought by a person who had no idea what he was doing, and wasted the time of a trial and an appellate court, not to mention the amounts paid by the insurer to defend itself against an insured who had received every benefit promised by the policy.

(c) 2022 Barry Zalma & ClaimSchool, Inc.

Barry Zalma, Esq., CFE, is available at http://www.zalma.com and [email protected].

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