1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO NICOLE NELLIS, for herself and all others similarly situated, 9 Plaintiff-Appellee, v. NO. 29,993 MID-CENTURY INSURANCE COMPANY, 12 Defendant-Appellant.

13 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Clay Campbell, District Judge Myers, Oliver & Price, P.C.

16 Floyd D. Wilson Albuquerque, NM Freedman, Boyd, Hollander, Goldberg, Ives & Duncan, P.A.

20 David Freedman Joseph Goldberg Albuquerque, NM Eaves & Mendenhall, P.A.

24 John M. Eaves Karen Mendenhall Albuquerque, NM Law Office of Alan Konrad Alan Konrad Albuquerque, NM

1 Peifer, Hanson & Mullins, P.A.

2 Charles R. Peifer Robert E. Hanson Albuquerque, NM Dennis M. McCary Albuquerque, NM Robbins, Geller, Rudman & Dowd LLP Rachel Jensen San Diego, CA for Appellees Rodey, Dickason, Sloan, Akin & Robb, P.A.

13 Andrew G. Schultz Albuquerque, NM Gibson, Dunn & Crutcher LLP Theodore J. Boutrous, Jr. Christopher Chorba Los Angeles, CA Skadden, Arps, Slate, Meagher & Flom LLP Darrel J. Hieber Los Angeles, CA for Appellants 23 DECISION BUSTAMANTE, Judge.

25 This is the companion case to Nellis v. Farmers Insurance Company of Arizona, COA No. 29,295 decided today. The factual background here is identical to that in Farmers. Perhaps because this case was decided below by a different trial judge, the procedural posture is slightly different. However, we have determined that the differences do not materially affect the legal analysis in any way that would prevent our Opinion in Farmers from controlling the outcome here.

5 Therefore, relying on Farmers, we reverse and remand for dismissal.

6 IT IS SO ORDERED.

8 MICHAEL D. BUSTAMANTE, Judge WE CONCUR:

11 JAMES J. WECHSLER, Judge

13 CYNTHIA A. FRY, Judge