BLOUGH v. STATE FARM FIRE CASUALTY CO

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Court of Appeal, Fourth District, Division 2, California.

Robert BLOUGH, et al., Respondents, v. STATE FARM FIRE & CASUALTY CO., etc., Appellant.

No. E003250.

Decided: September 15, 1988

Protigal, Hammerton & Allen, Stuart B. Esner, Horvitz, Levy & Amerian, Encino, for State Farm Fire & Cas. Co., etc. Anderson Parkinson Weinberg & Miller, Indio, De Goff & Sherman, De Goff, Victoria J., Berkeley, for Robert Blough, et al.

Plaintiffs having filed a petition for rehearing, and good cause therefor appearing, such petition is GRANTED on the following terms and conditions.

The day before the opinion herein was filed, the Supreme Court filed its opinion in Moradi–Shalal v. Fireman's Fund Insurance Co., 46 Cal.3d 287, 250 Cal.Rptr. 116, 758 P.2d 58, (1988) which overruled Royal Globe Ins. Co. v. Superior Court, 23 Cal.3d 880, 153 Cal.Rptr. 842, 592 P.2d 329, (1979) the case which afforded plaintiff Blough the legal theory under which he recovered judgment in the trial court.

Otherwise, plaintiffs, in their petition, urge their entitlement to a rehearing under section 68081 of the Government Code.   In the court's view, it is arguable whether the grounds for its opinion were “proposed” by defendant.

Because of the foregoing, and, because certain issues presented by this appeal and dealt with in the opinion were not adequately addressed by the briefs on either side, in order to achieve a full and fair hearing of such issues, all briefs heretofore filed are STRICKEN.

It is further ORDERED that the posture of the case, as of the date this order is filed, shall be deemed equivalent procedurally to that when rule 10 of the California Rules of Court has been complied with.   In other words, the date of this order shall be the date from which the computation of time under rule 16, California Rules of Court, shall be reckoned;  briefing ab initio shall proceed accordingly with directions to do so in light of Moradi–Shalal.

THE COURT: