CSAA Ins. Exchange v. Hodroj CA6

Filed 11/3/21 CSAA Ins. Exchange v. Hodroj CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

CSAA INSURANCE EXCHANGE, H046475 (Santa Cruz County Plaintiff and Respondent, Super. Ct. No. 17-CV-00467)

v.

RAED HODROJ,

Defendant and Appellant.

CSAA Insurance Exchange sued Raed Hodroj for breaching an agreement to settle his personal injury claim. CSAA moved for summary judgment, arguing that the undisputed facts establish both formation of a contract and Hodroj’s breach. The trial court granted the motion. Hodroj contends summary judgment was improper because there is a triable issue regarding contract formation. For the reasons explained, we reject that contention and will affirm the judgment. I. BACKGROUND Hodroj was injured in a car accident. He was a passenger in a Jeep Cherokee involved in a single car collision. The driver was insured by CSAA. Hodroj retained an attorney to represent him in obtaining compensation for his injuries. Hodroj’s attorney wrote to CSAA offering that Hodroj would settle his claim for bodily injuries in exchange for payment in the amount of the driver’s insurance policy limits, as long as certain conditions were fulfilled. The conditions were that CSAA provide a copy of the face page of the relevant insurance policy and a sworn declaration

confirming the policy limits; and deliver a check in the amount of the policy limits within 21 days of acceptance of the offer. The offer noted CSAA could condition its acceptance on Hodroj signing a written release of all bodily injury claims against CSAA’s insured. The offer was also conditioned on written acceptance within 21 days. Fifteen days later, CSAA sent written acceptance of the offer. It stated, “We accept your demand for settlement of this claim. We are tendering our insured’s policy limits of $100,000[.]” Enclosed were a sworn declaration attesting to the policy limits, and a written release of all claims to be signed by Hodroj. A $100,000 check was sent separately, with the proviso that it should not be presented until the release was signed. The next day, Hodroj reneged on the settlement. According to a letter from his attorney to CSAA, the reason was “the release you required our client to sign introduces significant and material new, additional and different terms and conditions” beyond the offer of settlement. Among them was that the release required Hodroj to release all his claims, including for property damage, whereas the settlement offer contemplated only claims for bodily injury. Hodroj later filed a lawsuit against the driver for the injuries he sustained in the car accident and for property damage. In response to Hodroj’s suit against its insured, CSAA filed one of its own—the lawsuit underlying this appeal. CSAA sued Hodroj for breach of contract, alleging his settlement offer and its written acceptance in response created a binding agreement to settle the injury claims, which Hodroj breached by suing the driver. Hodroj cross- complained for declaratory relief confirming no binding contract between him and CSAA. Both parties moved for summary judgment on their respective causes of action. The trial court granted CSAA’s motion and denied Hodroj’s, and entered judgment in favor of CSAA. Hodroj filed a notice of appeal referencing a “ ‘[j]udgment after an order granting a summary judgment motion,’ ” which CSAA asserts is insufficient to preserve Hodroj’s right to appeal the adverse ruling on his cross-complaint. But we must broadly 2