California Court of Appeal

In a qui tam action alleging defendant violated Insurance Code section 1871.7 by making false or misleading statements in connection with the settlement of plaintiff's automobile insurance claim, sustaining of demurrer for defendant is affirmed as plaintiff's first amended complaint was time-barred by section 1871.7-s limitations period and its proscription against the filing of related actions by any person other than the district attorney or insurance commissioner.

Appellate Information

• Decided 04/05/2007
• Published 04/05/2007

Judges

• KRIEGLER, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Anderson Kill & Olick, P.C., Alex D. Hardiman, Edward J. Stein;  and Scott C. Turner, San Francisco, for Plaintiff and Appellant.


• For Appellees:
  
• Latham & Watkins LLP, Patrick E. Gibbs, Menlo Park, Randall T. Kim and Brian D. Berry, San Francisco, for Defendant and Respondent.