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It\'s Not Nice to Lie in a Pleading
\\nEarnest A. Davis sued a car repair shop, its manager, and his car insurance company alleging they engaged in a ploy to damage his convertible Porsche so that he couldn\'t afford to repair it and another customer of the repair shop could purchase it. On appeal, he challenges the trial judge\'s rulings sustaining the defendants\' demurrers and dismissing his lawsuit in its entirety.
\\nIn Earnest A. Davis v. Government Employees Insurance Company et al., E074317, California Court of Appeals, Fourth District, Second Division (August 15, 2022) the trial court gave the plaintiff four chances to plead a cause of action against the defendants although he admitted to accrual and a suit filed after running of the statute of limitations. FACTS Before his claims were dismissed on demurrer, Davis filed four complaints over the course of his litigation. For a short time-to defend against the first round of demurrers-Davis was represented by counsel. For the remainder of the litigation, he represented himself, as he does on appeal. The First Amended Complaint (FAC) The FAC, filed on July 2, 2018, makes the same basic allegations of misconduct against Walter\'s but asserts a total of 12 causes of action. Like the original complaint, the FAC did not name GEICO as a defendant or make any allegations of wrongdoing against the insurance company. Rather, Davis alleged only that GEICO had authorized and paid for the repairs, and later, had declared the car a total loss with the DMV in reliance on misinformation from Walter\'s.
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