Mid-Century Ins. Co. v. Superior Ct. (Bandek), B186140
Order denying motion for judgment on the pleadings is upheld and plaintiff's case may proceed where a demurrer was sustained without leave to amend solely by virtue of the statute of limitations, and the time for direct attack on the judgment has passed, but the case is not litigated to finality under Code of Civil Procedure section 340.9(d)(1).
- Decided 04/14/2006
- Published 04/14/2006
- California Court of Appeal
- For Appellant:
- Jeffrey J. Leist,Mark Schaeffer, and Shea Stokes Carter (Los Angeles); Lawrence W. Shea II, Mark Petersen, and Shea Stokes Carter (San Diego); Eric N. Riezman and Shea Stokes Carter (Costa Mesa) for Petitioner., Jeffrey D. Diamond for Real Party in Interest.
- For Appellees:
- No appearance for Respondent.