Underwood v. Hertz CA2/7

Filed 4/10/25 Underwood v. Hertz CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

DONALD UNDERWOOD, B340282

Plaintiff and Appellant, (Los Angeles County Super. Ct. v. No. 23STCV26175)

HERTZ CORPORATION,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Rolf M. Treu, Judge. Reversed with directions. Donald Underwood, in pro. per., for Plaintiff and Appellant. Ford, Walker, Haggerty & Behar, Shayne L. Wulterin, Mark P. Nelson, and Renee E. Jensen for Defendant and Respondent.

INTRODUCTION

Daniel Kirk rented a car from Hertz Corporation and got into a car accident with Donald Underwood. Underwood sued Hertz for negligence, alleging Hertz rented the car to Kirk without confirming he had a valid driver’s license. The trial court sustained Hertz’s demurrer to Underwood’s second amended complaint without leave to amend. The court ruled the sham pleading doctrine precluded Underwood from alleging Kirk did not have a valid driver’s license. Because that doctrine did not apply, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

A. Underwood Files This Action Against Hertz According to Underwood’s allegations, which we accept as true for purposes of reviewing the trial court’s ruling on Hertz’s demurrer (see Mathews v. Becerra (2019) 8 Cal.5th 756, 778), Underwood was driving north on La Brea Avenue when he tried to make a U-turn. Kirk, who was driving a car he rented from Hertz, was also going north on La Brea, but on the wrong side of the road, and speeding. As Underwood turned his car, Kirk’s car hit Underwood’s car from the left. Kirk’s airbags deployed. Kirk was “hostile” and at least initially refused to provide Underwood any “identifying information.” Police officers arrived, and Kirk told them he had not purchased insurance when he rented the car. In his original complaint Underwood alleged that he contacted the “Hertz claims department” and that he told an adjuster that he had taken a picture of Kirk’s identification card