ROSENBERG WOHL v. STATE FARM FIRE AND CASUALTY COMPANY (2023)

The petition for review is granted.

The issue to be briefed and argued is limited to the following: When a plaintiff files an action against the plaintiff's insurer for injunctive relief under the Unfair Competition Law, which limitations period applies, the one-year limitations period authorized by Insurance Code section 2071 or the four-year statute of limitations in Business and Professions Code section 17208?

Pending review, the opinion of the Court of Appeal, which is currently published at 93 Cal.App.5th 436, 310 Cal.Rptr.3d 854, may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, 20 Cal.Rptr. 321, 369 P.2d 937, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)

The request for an order directing depublication of the opinion is denied.

Corrigan, J., was absent and did not participate.