Nelson vs Racquet Club Villa Home

Overrule demurrer. Plaintiff alleges specific language that reflects that she is an insured under the State Farm insurance policy: "Each of the following is also an insured: (e) each individual unit-owner of the insured condominium". (Second Amended Complaint ("SAC") at ¶40.) She pleads that the policy was entered into between the HOA and State Farm and that she is an intended third party beneficiary of the contract. (SAC at ¶39 and ¶41). These allegations are sufficient for Plaintiff's standing as a third party beneficiary entitled to enforce on the contract (8th cause of action). (Civ.Code, § 1559.) (She has alleged the "substance of [the] relevant terms" of the contract. (See McKell v. Washington Mutual, Inc, (2006) 142 Cal. App. 4th 1457, 1489.) The same analysis applies to the 9th cause of action for insurance bad faith to which State Farm only argued that Plaintiff did not have standing. Plaintiff also has standing to allege declaratory relief (14th cause of action) as to t........