recent email :(

 Jaime,

 

When you did not reply to the email below, and I then almost a week later received a voicemail from Daisy stating she was going to close the claim—after I had been told it was settled and DMV notified—then kicked up to Nicole, then kicked up to Jaunita, then kicked up to you—it was my worst fear.

 

"Original proceedings”—writ proceedings—make up 6–10% of the appellate caseload; of that percentage, writs of mandamus make up 25%. Because we are dealing with a fraudulent insurance claim by Mr. M and a failure of AAA to fulfill statutes and codes in the claims process, resulting in a bodily injury point on my driving record, which directly impacts my livelihood, you are leaving me no option but to file a writ of mandamus asking for, among other things, records of your investigation, including the recorded call with Daisy on October 15th in which she expresses doubts about the claim. State government and well-settled law provides the court “broad discretion” in a writ proceeding, so any number of things can happen once filed.

The reason I beseeched you in the below email, to work with me, to come to satisfactory terms under the circumstance, is because if/when I file the writ in either Departments 82, 85 or 86 at the Stanley Mosk Courthouse in downtown Los Angeles, service by the sheriff’s department will go to AAA headquarters in Costa Mesa. I was and still am pleading with AAA to avoid that.

 

I’m sorry, but if I don’t hear back by January 1, 2026, before the end of next month I will have perfected the writ, with all the information I’ve obtained, including all out-going and in-coming call times/messages, and subsequent contact with the property manager and one tenant at the location of the incident, and I'll have the sheriff deliver a summons with a heading such as: PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

Of course if/when the writ is filed, no one knows which judicial officer will adjudicate it. The worst case for me is they side with AAA, and with that I’ll take a lump from the status quo. The worst case for AAA is the court sides with my standing in the situation, which then would be ground for a suit. To be candid, as I’ve dealt with this issue for weeks on end now, which I admit has been traumatizing, part of me wouldn’t mind if AAA calls what it may see as a bluff.

 

I’m truly sorry, I really love AAA. This is a true/valid email which can/may be used in a court of law, please have the appropriate AAA representative contact me as soon as possible.

 

John De Herrera